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2001 Supreme(All) 455

O.P.GARG
JAGANNATH SAHAI VERMA AND ANOTHER – Appellant
Versus
RENT CONTROL AND EVICTION OFFICER (II), ALLAHABAD – Respondent


Advocates Appeared:
K.M.Asthana, R.B.Singhal, RAJESH TANDON, S.N.Mishra, Sanjai Misra

O. P. GARG, J.

( 1 ) THE thumbnail sketch of the case is that the petitioner No. 1, Jagannath Sahal Varma is the owner-landlord of premises No. 1450/989 Mutthiganj. Allahabad. Upper portion of the said house was originally under the tenancy of one Gautam Deo Singh at the monthly rent of Rs. 100. An application for release--P. A. Case No. 52 of 1986 Under Section 21 (1) (a) of the U. P. Urban buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (Act No. XIII of 1972) (hereinafter referred to as the Act) was filed by the landlord. The said release petition was allowed on the basis of a compromise by the Prescribed Authority on 2. 8. 1986 pursuant to which, the landlord took vacant possession of the released upper portion of the house. Admittedly, Dilip Kumar Srivastava, who happens to be the real brother of the wife of the landlord lkyk occupied the released accommodation along with his family comprised of his wife and a child during the period 2. 6. 89 to 19. 6. 96, i. e. , for a period more than 7-1/2 years. Thereafter the landlord inducted Sanjeev Kumar Agarwal alias Neelu-petitioner No. 2 as a tenant at a monthly rent of Rs. 2,050 in pursuance of a tenancy agreement dat



























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