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1988 Supreme(SC) 33

S.RANGANATHAN, SABYASACHI MUKHARJEE
Satya Narain Pandey – Appellant
Versus
State Of U. P. – Respondent


Advocates:
IRSHAD AHMAD, K.C.DUA, N.A.SIDDIQUI, RAJA RAM AGARWAL, RAJINDER SACHAR, RANI CHHABRA, SALMAN KHURSHID, VASIM A.QADRI

Judgment

RANGANATHAN, J.:- These matters involve the interpretation of S. 2(l)(d) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (Act No. 13 of 1972), (hereinafter referred to as the Act). Section 2(1) of the Act exempts certain classes of buildings from the application of the Act. One such exemption, under cl. (d) is in respect of :

"(d) any building used or intended to be used for any other industrial purpose (that is to say for the purpose of manufacture, preservation or processing of any goods) or as a cinema or theatre, where the plant and apparatus installed for such purpose in the building is leased out along with the building.

Though the question for our ultimate decision is a short one, there has been a multiplicity of proceedings between the concerned parties. The relevant facts, therefore, need to be set out at some length .

2. The building known as Prem Talkies, situated in Mohalla Sahadatpura, Maunath Bhanjan, District Azamgarh, U.P., belongs to Behari Lal Tandon and five others, (hereinafter referred to as the landlords). They had let out the building to Sunil Sharma and another. Though the landlords claim that the lease was of the buil


































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