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1997 Supreme(SC) 609

G.B.PATTANAIK, K.RAMASWAMY
Kamleshwar Prasad – Appellant
Versus
Pradumanju Agarwal – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. This appeal by special leave to appeal is directed against the judgment dated 17.2.1997 of the Allahabad High Court dismissing the writ petition filed by the appellant. The Respondent- landlord filed a petition for eviction of the appellant under Section 21(1)(a) of the U.P. Act XIII of 1972 inter alia on the ground that he bona fide requires the premises for carrying on his own business and he has no other means of livelihood. The tenant-appellant filed objections before the prescribed authority stating therein that the application for eviction has been filed on false and baseless allegations and in fact the respondent does not need the premises bona fide for starting his own business. The prescribed authority on consideration of the materials on record came to the conclusion that the landlord does not require the premises for his own use bone fide. The said prescribed authority also came to the conclusion that the tenant would be comparatively harrassed if an order of eviction is passed. With these conclusions, the application for eviction having been rejected, the landlord preferred an appeal. The appellate authority re-appreciated the enti






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