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2000 Supreme(All) 1270

R.H.ZAIDI
HEERA LAL AGARWAL – Appellant
Versus
IIND ADDITIONAL DISTRICT JUDGE, FARRUKHABAD – Respondent


Advocates Appeared:
ATUL DAYAL, G.R.Jain, K.M.Dayal

R. H. ZAIDI, J.

( 1 ) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 25. 11. 1997 passed by the appellate authority allowing the appeal and setting aside the judgment and order dated 30. 8. 1996 passed by the prescribed authority in the proceeding under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction)Act, 1972 (U. P. Act No. XIII of 1972), for short the Act.

( 2 ) THE dispute relates to shop Nos. 5/23, 5/24. Nehru Nagar, Farrukhabad (hereinafter referred to as shop in dispute ). The petitioner is a tenant of the shop in dispute and used to carry on "sarrafa" business in the said shop for last more than 40 years in the name and style of Firm Sundar Lal ram Bharose and Company. The respondent Nos. 2 and 3 (hereinafter referred to as contesting respondents) applied for release of the shop in dispute as according to them the said shop was needed for setting Prabhat Kumar son of Rajendra Prasad (respondent No. 2) in the business of sale of furniture and gift articles. It was stated that Pr




































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