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1990 Supreme(SC) 465

Bhagwan Das – Appellant
Versus
Jiley Kaur – Respondent


Advocates Appeared:
.

Judgement

JUDGMENT:- This appeal by special leave has been preferred against the judgment of the Allahabad High Court dismissing a writ petition filed by the appellant. Facts necessary for the decision of this appeal may be stated in a nutshell.

2. Respondent No. l, Smt. Jiley Kaur, is the landlord, within the meaning of the said expression as contained in the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) of a shop which is in the occupation of the appellant as a tenant. An application was made by respondent No. 1 for the release of the said shop under Section 21(1)(a) of the Act on the ground that two of her sons had grown up and were unemployed and the shop was needed to enable them to carry on business. The application was contested by the appellant on the ground that the need of the landlord was not bona fide and that in any view of the matter greater hardship shall be caused to him in case an order of eviction was passed, than the hardship, which was likely to be caused to respondent No. 1 in the event of the application for release being dismissed. On a consideration of the evidence produced by the parties, th











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