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2006 Supreme(All) 1842

ANJANI KUMAR
RAMESH CHANDRA SONI – Appellant
Versus
RAMESH CHANDRA SONI – Respondent


Advocates:
Counsel :
A.C. Tiwari for the Petitioner; Narendra Mohan for the Respondents.

JUDGMENT

Hon’ble Anjani Kumar, J.—This writ petition filed by the petitioner, who is tenant of the shop in dispute calls in question the order passed by the appellate authority and the order passed by the prescribed authority under the provisions of U.P. Act No. 13 of 1972 (in short “the Act”) dated 8.10.2003 and 8.3.2001 respectively.

2. The respondent-landlord filed an application under Section 21 (1) (a) of the Act for the release of the shop in dispute in their favour for the purpose of carrying on business of Sarrafa which they are carrying on from their residence in order to augment their income. The landlords’ case is that the landlord is carrying on business of Sarrafa in a shop which is owned by one Smt. Mehroonisa under the name of Ramesh Chandra Suresh Chandra on the road because of the fact that the shop is to be vacated the landlord have shifted their business to their residence which is in a lane. As a result of shifting the business in a lane, the business of the landlord suffered a lot and in fact is reduced because the business is being carried out from a lane. The landlord therefore filed the aforesaid application. The aforesaid application of the landlord was conte














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