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2001 Supreme(All) 448

B.K.RATHI
GORAKH PRASAD RAI – Appellant
Versus
6th ADDL. DISTRICT JUDGE, KANPUR NAGAR – Respondent


Advocates Appeared:
P.K.GUPTA, RAVI KIRAN JAIN, W.H.Khan

B. K. RATHI, J.

( 1 ) THE premises in dispute are three rooms, latrine, bath room on the ground floor of house No. 13/57 Parmit, Kanpur Nagar. Admittedly the respondent No. 3 is the landlady of the said house and she moved an application for release under Section 21 (1) (a) of U. P. Act No. 13 of 1972 alleging she is in bona fide need of the house. The application was allowed by the prescribed authority by judgment dated 26. 5. 1999. Annexure-2 to the writ petition. Aggrieved by it, the petitioner filed a rent appeal No. 114 of 1999 under Section 22 of U. P. Act No. 13 of 1972. The rent appeal has also been dismissed by order dated 5. 3. 2001. Annexure-1 to the writ petition. The petitioner has therefore invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India.

( 2 ) I have heard Sri W. H. Khan, learned counsel for the petitioner, Sri Ravi Kiran Jain, senior advocate, assisted by Sri P. K. Gupta, learned counsel for the respondent No. 3 and the learned standing counsel.


( 3 ) THERE are concurrent findings of the both the courts below on the point that the need of the landlady is bona fide and that the hardship in her favour is more than t









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