1952 (1) TMI 30

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....nd 60' north-south. In the front portion of this block, the non-applicant holds his shop and the rest of the premises are otherwise occupied by him. The house in question had three floors, the first and second floors being in the possession of other tenants. Since the house was found to be in a dangerous condition due to disrepair and weakness, the Municipal Committee, Akola, ordered the Petitioner to demolish the dangerous portions of the first and second floors. Proceedings under Section 133 of the Code of Criminal Procedure appear to have been initiated also by the second non-applicant and a similar order was passed. The orders were complied with and the first and second floors were pulled down. 3. The Petitioner thereupon applied t....

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....ntial repairs or alterations which cannot be made without the tenant vacating the house. 6. In the present case it is clear that as a result of pulling down of the two floors the landlord is anxious to build her house afresh. Whether or not the landlord is able to build the house is not a question before us. The landlord states that she is anxious to build the house to its original size. In doing so, the landlord's contention is that she needs the premises because, for one thing, she wants these premises to be slightly altered so as to bear the weight of the superstructure properly, and secondly, because the staircase will have to be built from within those premises. The learned Additional Deputy Commissioner felt that item (vii) did n....