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1988 Supreme(SC) 669

S.RANGANATHAN, SABYASACHI MUKHARJEE
Brij Sunder Kapoor: Goverdhan Dass Agarwal: Usha Sharma: Rameshwar Dayal – Appellant
Versus
I Additional District Judge: Rattan Lal Agarwal: Additional District Judge: Iv Additional District Judge, Meerut – Respondent


Advocates:
MAN VACHHER, ANIL GUPTA, B.D.AGRAWAL, Dalip Tandon, Dhruv Mehta, K.K.Mohan, K.K.PATEL, LALITA KOHLI, MANOJ SVARUP, P.K.JAIN, PANKAJ KAIRA, R.Jagannath Goulay, R.K.JAIN, R.K.Khanna, Rajiv Datta, S.K.MEHTA, S.M.Sarin, S.N.KACKAR

JUDGMENT

RANGANATHAN, J.:— The Civil appeals as well as the special leave petitions raise a common question as to whether the povisions of the Uttar Pradesh. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, Act No. 13 of 1972 (hereinafter referred to as the Act) are applicable to cantonments situated in the State of Uttar Pradesh. Since the two civil appeals are already pending on the issue, we grant special leave in the special leave petitions as well and proceed to dispose of all the four matters by this common judgment. The main Judgment of the High Court under consideration is that in the case of Brij Sunder Kapoor v. Addl. District Judge reported in 1980 All Ren Cas 319 which answered the question in the affirmative. The Allahabad High Court has reiterated the same view in its later decision in Lekh Raj v. 4th Addl. Dt. Judge. Meerut, AIR 1982 All 265, which we are told, is also under appeal to this Court.

2. It is sufficient to set out certain brief facts in the matter of Brij Sunder Kapoor (C.A., No. 2606 of 1980) in order to appreciate the question of law that arises for consideration. Jhansi is a cantonment in Uttar Pradesh. Brij Sunder Kapoor is a tenant of


























































































































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