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1985 Supreme(SC) 195

S.MURTAZA FAZAL ALI, A.V.VARADARAJAN, RANGANATH MISRA
Vijay Laxmi Gangal – Appellant
Versus
Mahendra Pratap Garg – Respondent


Advocates:
ARUNESHVAR GUPTA, B.B.Sharma, R.B.MAHATO, S.N.KACKAR

JUDGMENT

VARADARAJAN, J. :— The short point arising for consideration in this appeal by special leave filed against the decision of a Division Bench of the Allahabad High Court in Civil Revision No. 332 of 1981 turns upon the interpretation of S. 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act (13 of 1972) (hereinafter referred to as the Act). The appellant-landlady filed the suit on 6-8-1973 for recovering possession from the respondent-tenant of a portion of premises situate at Bhau Ka Nagla, Agra Road, Mauza Dholpura on the allegation that it had been let to the respondent on a rent of Rs. 360/- per mensem and that the tenancy has come to an end by efflux of time fixed in the rent note on the expirty of 30-6-1973. She alleged in the plaint that the demised property is situate beyond the municipal limits of Ferozabad and is intended for use as a factory and is exempt from the provisions of the Act and that the respondent is in arrears of rent to the extent of Rs. 3,960/- for the period from 1-8-1972 to 30-6-1973 and she is entitled to recover possession of the premises together with arrears of rent of Rs. 3,960/- at Rs. 360/- per mensem f














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