J.CHELAMESWAR, A.M.SAPRE
Gulshera Khanam – Appellant
Versus
Aftab Ahmad – Respondent
JUDGMENT :
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is filed against the final judgment and order dated 17.01.2012 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 65612 of 2011 whereby the High Court allowed the writ petition filed by the respondent-tenant and set aside the order dated 04.03.1999 of the Prescribed Authority in U.P.U.B. Case No. 13 of 1994 and order dated 24.08.2011 of the Additional District Judge, Aligarh in U.P.U.B. Appeal No. 07 of 1999.
3. Facts of the case need mention, in brief, infra to appreciate the controversy involved in the appeal.
4. The appellant is the landlady of the shop being Shop No. 6 situated on the Dodhpur Road, Aligarh, Building No. 4/569B. The respondent is the tenant in Shop No. 6 and doing business of selling Footwear (shoes and sandals) in the name of Khan Brothers on a monthly rent of Rs.100/-.
5. There are in all 7 shops in the building in which suit shop in situated. Except Shop No.7, all are occupied by different tenants. Shop No. 7 is in occupation of the appellant wherein her daught
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