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2020 Supreme(SC) 333

R.BANUMATHI, VINEET SARAN
Mohd. Asif Naseer – Appellant
Versus
West Watch Company Through Its Proprietor – Respondent


Advocates Appeared:
For the Petitioner(s):Rohit Kumar Singh, Advocate
For the Respondent(s):Niraj Gupta, Advocate

JUDGMENT :

VINEET SARAN, J.

Leave granted.

2. This is an appeal filed by the landlord challenging the Judgment and Order of the High Court passed in Rent Control Writ Petition No.3457 of 2016, whereby the release application filed by the appellant has been rejected, and the Orders passed by the Prescribed Authority and the Appellate Authority, allowing the release application of the appellant-landlord, have been set aside.

3. Brief facts of this case, relevant for the purpose of the present appeal, are that the appellant filed an application under Section 21(1)(a) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the ‘Rent Control Act’) for release of Shop no.64 situated on the ground floor of the Building No.31/72, Mahatma Gandhi Marg, Hazratganj, Lucknow, the size of which is given as 42 square feet. The case of the appellant was that he had purchased the shop in question for his personal use, vide registered Sale Deed dated 29.10.2004. The respondent was a tenant of the shop in question on a monthly rent of Rs.15 and doing business of repair and sale of watches. After purchase of the said shop, the appellant requested the res


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