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1998 Supreme(All) 1412

J.C.GUPTA
SHREE CHAND GUPTA – Appellant
Versus
XVIII ADDITIONAL DISTRICT JUDGE, MEERUT – Respondent


Advocates Appeared:
N.K.DWIVEDI, Ravi Kant, S.K.GARG

J. C. GUPTA, J.

( 1 ) THIS is tenants petition for quashing the orders dated 13. 11. 1997 and dated 21. 4. 1998 passed by the respondent Nos. 2 and 1 respectively whereby the release application moved by the landlord-respondent No. 3 under Section 21 (1) (a) of the U. P. Act No. 13 of 1972. (hereinafter referred to as the act) has been allowed.

( 2 ) THE dispute relates to a shop situate in Gandhi Bazar. Kasba Baghpat (now a separate district), whose boundaries were given in the release application. The landlord applied for the release of the disputed shop with the allegations that in order to extend his business and to augment his income for meeting out the requirements of his family and his children, the necessity of setting up business of ready-made garments has arisen because the Ice Factory owned by him was not yielding sufficient income on account of the same being a seasonal business in summer season only and since he has no other suitable accommodation with him, his need for the disputed shop was most genuine, bona fide and pressing. It was further pleaded that the tenant-petitioner was in no need of the shop in question. The landlords claim was contested by the petitioner,






























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