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2001 Supreme(All) 77

O.P.GARG
HIRDAI NARAIN MISRA – Appellant
Versus
RAJ NARAIN SHUKLA – Respondent


Advocates Appeared:
A.N.SINHA, CHHOTE LAL KUREEL, RAKESH BAHADUR

O. P. GARG, J.

( 1 ) IN this petition, the dispute relates to Premises No. 119/216e (new No. 119/468) Om Nagar, darshanpurwa, Kanpur Nagar (hereinafter referred to as the "tenanted house") of which respondent No. 1 Ram Narain Shukla is the owner-landlord. The petitioner-Hirdal Narain Misra, it is an indubitable fact, has been the tenant of a portion of ground floor of the said house for the last more than four decades. It is also an admitted fact that the petitioner-tenant was allotted on lease House No. 14-L/2 Daboli, Kanpur Nagar (hereinafter called as "daboli House") by the kanpur Development Authority. The landlord moved an application on 23. 4. 1999 before the rent Control and Eviction Officer/additional City Magistrate-VI Kanpur Nagar for releasing the tenanted accommodation as a "deemed vacancy" has arisen on account of acquisition of Daboli house within the municipal limits of Kanpur nagar in a vacant state by the tenant-petitioner. After obtaining the report of the Rent Control Inspector dated 14. 6. 1999, a vacancy in respect of the tenanted accommodation was declared by order dated 29. 5. 2000, a copy of which is annexure-5 to the petition. The application of landlord fo















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