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2007 Supreme(All) 1826

PRAKASH KRISHNA
ROSHAN LAL MITTAL – Appellant
Versus
RENT CONTROL AND EVICTION OFFICER/SDM. , BULANDSHHAR – Respondent


Advocates:
Counsel :
B.D. Madhyan, Om Prakash Lohia, M.K. Gupta and V.K. Gupta for the Petitioner; Sandeep Saxena, Atul Dayal, S.C. for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—These two writ petitions were heard together and are being disposed of by a common judgment as jointly agreed by the learned Counsel for the parties. To appreciate the controversy involved in both the writ petitions, facts are noted from the leading case i.e. writ petition No.19926 of 1995 which will suffice.

2. Raising a short controversy, the present writ petition is on behalf of a permanent lessee in whose favour a lease has been created by means of a registered lease deed dated 17.4.1916 in respect of a vacant piece of land whereupon shops No. 848 and 848 (1) are situate at Nayaganj (Girbarganj), Bulandshahr.

3. Whether Section 29-A of Uttar Pradesh Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 (hereinafter referred to as the Act) (U.P. Act No. 13 of 1972) is applicable to an unexpired lease of land is the only question in these two writ petitions.

4. An application under Section 29-A (5) of the Act was filed by the landlord respondent No. 2 herein, for determination of rent payable under aforesaid Section 29-A of U.P. Act No. 13 of 1972 by the petitioner (tenant) herein. It is admitted case of the parties that the presen

















































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