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1982 Supreme(All) 198

N.D.OJHA, V.K.KHANNA
LEKH RAJ – Appellant
Versus
4th ADDITIONAL DISTRICT JUDGE, MEERUT – Respondent


Advocates Appeared:
H.C.Rastogi, K.B.L.GAUR, S.S.BHATNAGAR

N. D. OJHA, J.


( 1 ) RESPONDENTS 2 to 5 are the landlords of house No. 1 Manam, Mohalla Lalkurti, Meerut cantonment which was occupied by the petitioner as tenant. An application was made by respondents 2 to 5 against the petitioner for release of the aforesaid house in their favour under section 21 (1) (a) Of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (hereinafter referred to as U. P. Act XIII of 1972) on the ground that they needed it for their own use. The application was contested by the petitioner and was dismissed by the prescribed Authority. Aggrieved by that order Respondents 2 to 5 preferred an appeal before the district Judge which Was allowed in part by the IVth Additional District Judge, Meerut, and a portion of the house aforesaid was released in favour of Respondents 2 to 5. It is this order which is sought to be quashed in the present writ petition.

( 2 ) WHEN the writ petition came up for hearing before a learned single Judge of this Court, it was inter alia urged by counsel for the petitioner that since the house in question is situate within the cantonment area, the provisions of U. P. Act XIII of 1972 were not applicable. For th



























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