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1994 Supreme(All) 238

SUDHIR NARAIN
RAJENDRA KUMAR – Appellant
Versus
GOPAL KRISHNA – Respondent


Advocates Appeared:
ATUL DAYAL, K.M.Dayal, P.K.Jain

SUDHIR NARAIN, J.

( 1 ) THIS writ petition is directed against the order dated 10th Sept. 1992 passed by the Prescribed Authority, Muzaffarnagar, releasing the disputed shop in favour of the landlord-respondents in the proceedings under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) and the order dated 6-11-1993 passed by respondent No. 1 affirming the said order in appeal.

( 2 ) THE petitioners are tenants of shop No. 3 at monthly rent of Rs. 50. 00 in a portion of Premises No. 100 Martinganj, Muzafarnagar. Respondents Nos. 1 to 8 are landlords of the said premises. The property No. 100, Martinganj was jointly purchased by Kishan Chand and his three sons, namely, Gopal Krishna, Sarvesh Kumar and Alok Kumar, by registered sale deed dated 4/08/1975. After purchase of the property in the year 1977 they filed an application purporting to be under Section 21 (1) (b) of the Act for demolition and new construction of the shops and other constructions of that property against Hans Raj, the father of the petitioners, and on another tenant, Har Prasad. The parties entered into a compromise on 12/01/1977 and














































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