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1999 Supreme(All) 718

SUDHIR NARAIN
KRISHNA MURARI LAL – Appellant
Versus
IIIRD ADDITIONAL DISTRICT JUDGE, BUDAUN – Respondent


Advocates Appeared:
K.M.Dayal, K.S.Khare

SUDHIR NARAIN, J.

( 1 ) THIS writ petition is directed against the order of the prescribed authority, Budaun dated 30. 11. 1992 allowing the release application filed by the landlord-respondent No. 3 under Section 21 (1) (a) of U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act. 1972 (in short the Act) and the order of the Appellate Authority, respondent No. 1, dismissing the appeal against the said order on 30. 5. 1994.

( 2 ) BRIEFLY stated the facts are that Respondent No. 3 purchased the disputed shop by a registered sale deed on 15. 6. 1981 from its erstwhile owner Sri Vinay Krishna Rastogi. The petitioner was its tenant-Respondent No. 3 gave a notice to him on 18. 3. 1985 that he requires the accommodation bona fide for carrying on business and the tenant-petitioner should vacate the same. The petitioner did not vacate the disputed shop. Respondent No. 3 filed an application under Section 21 (1) (a) of the Act on 7. 10. 1985 for release of the shop in question on the allegation that his family consisted of himself, his wife, widowed mother and two grown up children. He was carrying on gold ornaments business at his residence for which he was holding a valid li


















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