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1976 Supreme(SC) 510

P.N.BHAGWATI, S.MURTAZA FAZAL ALI, V.R.KRISHNA IYER
Mohammad Shafi – Appellant
Versus
Additional District And Sessions Judge (Vii) , Allahabad – Respondent


Advocates:
B.B.TAVAKLEY, K.P.GUPTA, MANOJ SVARUP, PRAMOD SVARUP, S.C.GUPTA

Judgment

BHAGWATI, J.:- There is a house bearing No. 10-A situate at Khuldabad in the city of Allahabad belonging to respondent No. 3. This house consists of a ground floor and a first floor. There are two tenements on the ground floor and two tenements on the first floor. Each of the two tenements in the first floor is in the possession of a tenant. The tenement on the northern side of the ground floor is in the possession of respondent No. while the tenement on the southern side is in the possession of the appellant as a tenant since the last over 35 years. The appellant pays rent of Rs. 4/- per month in respect of the tenement in his occupation. Respondent No. 3, after determining the tenancy of the appellant, made an application before the Rent Control and Eviction Officer, Allahabad under Section 3 of the U. P. Rent Control & Eviction Act, 1947 for permission to file a suit to eject the appellant on the ground that she bona fide required the rented premises in the possession of the appellant for her use and occupation. The Rent Control & Eviction Officer, on a consideration of the evidence led before him, came to the conclusion that the need of respondent No. 3 for the rented


















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