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1986 Supreme(All) 65

A.N.VERMA
GYAN CHANDRA – Appellant
Versus
2nd ADDL. DIST. JUDGE, KANPUR – Respondent


Advocates Appeared:
RATNAKAR CHAUDHARY, SUDHIR CHANDRA AGARWAL

A. N. VERMA, J.

( 1 ) THIS is a landlords petition seeking review of the judgement delivered on 21-1-1980 allowing a writ petition filed by the tenant of the premises in question and directing the Prescribed Authority to dispose of the landlords application for release under S. 21 of U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act (U. P. Act No. XIII of 1972) in accordance with the observations made in the judgement.

( 2 ) THE facts relevant for the disposal of the review petition are these. The review petitioner is the landlord of House No. 104/102, Old Sisamau, Kanpur while the opposite party No. 3 is a tenant of the first and second floor portion of the house. The landlord filed an application for release of the accommodation on the ground that he needed the tenanted portion for his own personal occupation. He also relied on Explanation - IV to S. 21 of the said Act which provided that if the landlord applies for the release of a tenanted portion of a building the remaining part of which is in his own occupation, the need of the landlord would be presumed to be bona fide under S. 21 of the said Act. While the landlords application was pending before the Court


















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