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2003 Supreme(All) 1917

S.U.KHAN
BAL KISHAN – Appellant
Versus
IVTH A. D. J. – Respondent


Advocates Appeared:
B.N.Misra, PRAKASH KRISHNA

S. U. KHAN, J.

( 1 ) THIS writ petition has been filed by tenant which arises out of release proceedings under section 21 of U. P. Act No. 13 of 1972. Release application filed by landlady/respondent No. 3 numbered as P. A. Case No. 31 of 1988 was allowed by IVth Additional C. J. M. / Prescribed authority, Etawah through judgment and order dated 27. 5. 1993, Annexure-1 to the writ petition. Tenant/petitioners appeal being P. A. Appeal No. 17 of 1993 was dismissed by IVth Additional district Judge, Etawah through judgment and order dated 2. 5. 1996. Landlady pleaded that she purchased the house in dispute on 13. 5. 1985 from its previous landlord, that petitioner was tenant in the house in dispute since before its purchase, that the tenant illegally started using one room of the house in dispute for business purpose. It was further pleaded by the landlady that she along with her family resided in a tenanted house belonging to a trust. Tenant petitioner pleaded that the house in which landlady was residing belongs to the trust of which husband of the landlady was sarvarakar and he had a right to reside in the house in dispute. The tenant further pleaded that he was using one room in




















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