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1986 Supreme(SC) 457

K.N.SINGH, SABYASACHI MUKHARJEE
Kameshwar Singh Srivastava – Appellant
Versus
Iv Additional District Judge, Lucknow – Respondent


Advocates:
ANIL GUPTA, BRIJ BHUSHAN SHARMA, LALITA KOHLI, MANOJ SVARUP, S.K.DHINGRA

Judgement

K. N. SINGH, J : - This appeal by special leave is directed against the Judgment and Order of the High Court of Allahabad (Lucknow Bench) dt. 16-7-85 dismissing the appellants petition filed under Art. 226 of the Constitution challenging orders for his eviction from the premises in dispute.

2. Briefly the facts giving rise to this appeal are that the appellant was a tenant on a monthly rent of Rs. 100/- of house No. 293/246 situate in old Haider Ganj of Which N. N. Meithy was the owner and landlord. On Meithys death his heirs respondents Nos. 3 to 12 became the owners of the house. It appears that the appellant tendered rent to Prabhat Kumar respondent No. 3 but he did not accept the same. The appellant made application before the Munsif under S. 30(1) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). The Munsif permitted the appellant to deposit rent and since then the appellant has been depositing rent in the Munsif s court. The respondent-landlords served a notice dt. 4-8-82 on the appellant on 9-8-82 through their counsel calling upon him to vacate the premises and hand over possession to them and to







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