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2017 Supreme(SC) 262

ARUN MISHRA, AMITAVA ROY
Om Prakash – Appellant
Versus
Mishri Lal (Dead) Represented by his Lr. Savitri Devi – Respondent


JUDGMENT :

Amitava Roy, J.

Delay condoned.

2. Leave granted.

3. The appellants/plaintiffs (for short, hereinafter to be referred to as “the appellants”) are aggrieved by the dismissal of their suit and the application under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, hereinafter to be referred to as “the Act”) for eviction of the respondents from the suit premises on the ground, amongst others of default and bona fide requirement. The suit and the application filed under Section 21 of the Act have been dismissed in two separate proceedings by the High Court vide orders dated 25.02.2014 in W.P.(C) No. 26732 of 2010 and Civil Miscellaneous Writ Petition No.31855 of 1998.

4. Both these petitions were analogously heard and thus the present adjudication would address collectively the issues involved.

5. We have heard Mr. Anand Varma, learned counsel for the appellants and Mr. R.D. Upadhyay, learned counsel for the respondents.

6. The appellants as plaintiffs instituted Suit No. 252 of 1989 in the Court of Small Causes, Allahabad against Mishri Lal, the predecessor-in-interest of the present respondents seeking his eviction from the suit pr

































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