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1971 Supreme(SC) 677

G.K.MITTER, H.R.KHANNA, I.D.DUA, J.M.SHELAT
Masoodahmad – Appellant
Versus
Rent Control And Eviction Officer – Respondent


Judgment

MITTER, J.:- This appeal by special leave is from a judgment of the Allahabad High Court rendered in a Special Appeal upholding the order of the State Government dated March 12, 1968 under S. 7-F of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act. 1947 cancelling the allotment order of a shop in premises No. 80/79, Banasmandi Coupergani. Kanpur dated October 21, 1967 made by the Rent Control and Eviction Officer Kanpur in favour of the appellant and releasing the same to the respondent No. 3 before us

2. The relevant facts are as follows. One Arif Hussein was a tenant of one shop out of eight in the premises mentioned above under respondent No. 3. He used to carry on a business in bamboos and wooden posts. On July 8, 1967 he purported to execute a sale deed transferring his business including its good will and stock-in-trade to the appellant, Masood Ahmed. Within three days thereafter the said tenant died leaving a widow The appellant made an application dated July 23/28 to the Rent Control and Eviction Officer (hereinafter referred to as the officer ) for allotment of the shop of himself under the provisions of the Act on the strength of his purchase of the



























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