Pursuant thereto the appellant occupied the building.
On the expiry of lease period i.e. 3.8.1974, Deep Chand Gupta surrendered vacant possession of the building to the landlord.
A building became roofless before allotment order was passed under Section 16 1 of U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 for short the Act The question number remains in this appeal is should the structure have necessarily been a roofed one on the date of allotment order?
9.1974, in which he companytended, inter alia, that the structure was number a building inasmuch as it had numberroof then.
The said judgment of the Allahabad High Court is number being challenged in this appeal by special leave.
In the revision learned District Judge held that District Magistrate had jurisdiction to allot such structure to the tenant and companyfirmed to the allotment order.
Finally it was found that the building was a roofed structure when Deep Chand Gupta vacated it, but subsequently its tin roofs were dismantled by the owner of the building and that the structure remained roofless even on the date of allotment order.
Nevertheless, allotment order was passed by the District Magistrate.
Sana Ullah filed his objections on 3.
The District Magistrate found that the structure was still a building and hence appellant was entitled to its allotment.
A summary of facts, out of which the said question has emerged, is given below A building situated at Meerut City owned by the companytesting respondents father Sana Ullah was let out to one Deep Chand Gupta for a period of 5 years.
The case had thereafter passed through a chequered career District Judge the revisional authority under the Act remanded the case on two occasions to the District Magistrate for arriving at certain findings on facts.
Writ petition was hence allowed and the allotment order was quashed.
Landlord filed a writ petition before the Allahabad High Court challenging the aforesaid order.
THOMAS.J The companytroversy between the parties in this appeal has narrowed down to a very short question.
On 20.8 1974, the present appellant moved an application before the District Magistrate who is the companypetent authority for passing allotment order under the Act for allotment of the said premises to him.
