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2002 Supreme(All) 797

ANJANI KUMAR
SHITAL PRASAD JAIN – Appellant
Versus
IST ADDITIONAL DISTRICT JUDGE – Respondent


Advocates Appeared:
M.K.GUPTA, Pankaj Mithal

ANJANI KUMAR, J.

( 1 ) BY means of the present writ petition under Article 226 of the Constitution of India, petitioner has challenged the order dated 9. 2. 1995 passed by appellate authority in Rent Appeal No. 58 of 1988. whereby the appellate authority has dismissed the appeal filed by the petitioner and affirmed the order dated 17. 10. 1988 passed by Prescribed Authority.

( 2 ) THE facts leading to the filing of present wril pelition are that petitioner Shital Prasad. who is admittedly a tenant of the accommodation in dispute, which is a non-residential accommodation, is carrying on business of Hotel, The landlord-respondent No. 3 filed an application under section 21 (1) (a) of the U, P. Act No. 13 of 1972. (hereinafter referred to as the act), for release of the accommodation in his favour to set up his son in the hotel business as the accommodation in dispute is most suitable for running the hotel business. The petitioner-tenant repelled the allegations made by the landlord and contended before the Prescribed Authority that the need set up by the landlord is neither bona fide, nor pressing. However, it has not been disputed that the son of the landlord requires of an establis













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