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2001 Supreme(All) 42

O.P.GARG
BATA INDIA LTD. – Appellant
Versus
3rd ADDL. DISTRICT JUDGE, MUZAFFARNAGAR – Respondent


O. P. GARG, J.


( 1 ) THE dispute relates to premises/shop No. 37 Martinganj, Shamli Road, Muzaffarnagar, of which admittedly the respondent No. 3, Smt. Urmila Devi is the owner of the shop in dispute while the petitioner Bata India Limited is the tenant. The application for release under Section 21 (1) (a) of U. P. Act No. 13 of 1972 was fled by the land-lady respondent No. 3 against the petitioner in the year 1992. It was registered as P. A. Case No. 30 of 1992. The said application was allowed by the Prescribed Authority by an order dated 10. 5. 1994 holding that the need of the land lady respondent No. 3 was bona fide and genuine and that the balance of hardship tilts in her favour. Aggrieved, the tenant petitioner preferred a Rent Appeal No. 23 of 1994 under section 22 of the Act which was dismissed on 8. 12. 1995. It is in these circumstances that the petitioner tenant has come before this Court by means of this writ petition under Article 226 of constitution of India with the prayer that the order of release passed in favour of respondent No. 3 and as confirmed in appeal under Section 22 of the Act, be quashed.

( 2 ) COUNTER and rejoinder-affidavits have been exchanged.

( 3 )















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