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1996 Supreme(SC) 1963

G.N.RAY, G.B.PATTANAIK
Suresh Kumar Jain – Appellant
Versus
Shanti Swarup Jain – Respondent


JUDGMENT

G.N. Ray, J.-This appeal is directed against judgment dated December 21, 1995 passed by the Allahabad High Court in Civil Misc. Writ Petition No. 1558 of 1995. It may be stated here that against the earlier judgment of the High Court passed in the said Civil Misc. Writ Petition, this Court was moved by filing S.L.P. (C) No. 4280 of 1995. Such Special Leave Petition was disposed of by this Court and by order dated July 24, 1995, the Writ Petition was remanded to the High Court for fresh adjudication in the light of observations made in the judgment of this Court.

2. The appellant was inducted as a tenant on the ground floor of a building numbered as 29 Maniganj Ward No. 4, Block No. 2, Kapra Market, Etah, within the limits of Etah Municipality at a monthly rental of Rs. 75/- with effect from March, 1973 by the owner landlord respondent Sri Shanti Swarup Jain.

3. For the purpose of appreciation rival contentions of the parties in this appeal, the following facts which are on record appear to be relevant.

(a) The Executive Officer, Municipal Committee, Etah, gave notice dated November 15, 1977 to the owner landlord respondent Sri Shanti Swarup Jain under Section 143 of U.













































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