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1998 Supreme(All) 246

J.C.GUPTA
BUDHU LAL ALIAS BUDH RAM (DECD. ) THROUGH L. RS. – Appellant
Versus
DISTRICT JUDGE, ALLAHABAD – Respondent


Advocates Appeared:
Rajiva Srivastava

J. C. GUPTA. J.


( 1 ) SINCE counter and rejoinder-affidavits have been exchanged, this writ petition is disposed of finally.

( 2 ) THIS is tenants writ petition against the order dated 23. 4. 1982 passed by respondent No. 2 and the order dated 6. 9. 1982 passed by respondent No. 1.

( 3 ) THE dispute relates to part of accommodation of House No. 51, Khushal Parvat, Allahabad, which is in the tenancy of the petitioner. The landlord, the respondent No. 3, moved an application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 for the release of the said accommodation on the ground that the house which is in occupation of the landlord is not sufficient to cater the need of his family members inasmuch as three rooms of the said house have fallen down and the landlord resides in a portion of the said house in its upper portion which comprises of only two small rooms, one small kitchen and a small store room while the tenanted accommodation consist of one room measuring 16 x 9 facing the lane in the ground floor. It was further alleged that two sons of the landlord are of marriageable age and for additional accommodation was required them. The tenant was in no need of the disputed












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