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2019 Supreme(SC) 1274

R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
Santosh Chaturvedi – Appellant
Versus
Kailash Chandra – Respondent


Advocates Appeared:
For the Appellant :Rajiv Dutta, Vikas Singh Jangra, Amit Kumar Pathak, Bhakti Vardhan Singh, Advocates
For the Respondent:Purnima Bhat, Advocate

JUDGMENT

A.S. Bopanna, J.

The appellant is before this Court assailing the order dated 28.11.2007 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.54204/2007. Through the said order the High Court has allowed the Writ Petition filed by the respondents herein and has set aside the judgment and order dated 09.10.2007 passed by the Special Judge, Mathura in P.A. Appeal No. 1/2002 whereby the order dated 03.08.2001 passed by the Prescribed Authority/Upper Civil Judge (C.D.) is upheld. The appellant is, therefore, aggrieved and is before this Court.

2. The appellant herein instituted the petition under Section 21 (1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Rent Act" for short) against the predecessor of the respondents herein seeking release of the premises bearing No.83/72A, Tiwari Gali, Chhatta Bazar, Mathura. The suit was registered as petition No.6/2000 before the Prescribed Authority. The Prescribed Authority having taken into consideration the rival contentions, on holding that the appellant herein cannot claim ownership right over the coparcenary property and in that light on

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