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2009 Supreme(SC) 1683

TARUN CHATTERJEE, AFTAB ALAM
Jai Prakash Gupta (D) thr. Lrs. – Appellant
Versus
Riyaz Ahamad – Respondent


Advocates Appeared:
Ms. Mona Rajvanshi, Anurag Kashyap, Bishwajit Kumar Shahi, B.P. Gupta, Advs., for the Appellants.

JUDGMENT

Tarun Chatterjee, J.—

1. In spite of repeated opportunities having been granted to the respondents to contest this appeal, the respondents had failed to appear at the time of hearing.

2. Leave granted.

3. This appeal by way of Special Leave arises from the Judgment and final order of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.1112 of 2001 dated 11th of December, 2007, whereby the High Court had set aside the Judgment and order of the Additional District Judge, Meerut and remanded the same to it to consider the effect of subsequent developments which had occurred, on the question of bonafide requirement of the landlord and also on the comparative hardship of the parties.

4. The brief facts, which are necessary for decision of this appeal are as follows :-

On 17th of December, 1992, the father of the present landlord, viz. Late Sri Jai Prakash Gupta had filed an application under Section 21(1)(a) of the U.P. Act No. 13 of 1972 (hereinafter referred to as “the Act”) before the Prescribed Authority at Meerut for the release of the Shop No. 51, situated at the Ground Floor in House No. 64, Banshipura, Suraj Kund Road, Meerut (hereinafter referred

























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