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1987 Supreme(SC) 800

G.L.OZA, SABYASACHI MUKHARJEE
D. K. Soni – Appellant
Versus
P. K. Mukerjee – Respondent


Advocates:
Asha Rani Jain, B.D.AGRAWAL, R.B.MAHATO, S.N.KACKAR

Judgment

SABYASACHI MUKHARJI, J.:- This is an appeal by the tenant against an order upholding the order of eviction. The ground of eviction was the landlords bona fide need and requirement. The appeal rises out of the judgment and order of the High Court of Allahabad dt. 18th May, 1983 : (Reported in 1987 All U 954) and also against the order dt. 23rd May, 1983 dismissing a review application by the said High Court. Shri P. K. Mukherjee, respondent 1 herein had filed an application under S. 3 of the U. P. Act No. 3 of 1947 (Temporary Control of Rent and Eviction Act), hereinafter referred to as the old Act, seeking permission to file the suit for eviction of the tenant, the father of the appellant herein, on the ground that accommodation in dispute was bona fide required by the landlord for his personal need. In September, 1971 the Rent Control and Eviction Officer rejected the application of the landlord and held that his requirement was not bona fide. On 12th Nov., 1971 the Commissioner allowed the revision filed by respondent 1 against the order-of the Rent Control and Eviction Officer dated 5th Sept., 1971. It may be mentioned that on 15th July, 1972 the U. P. Urban Buildings (R





















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