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2007 Supreme(All) 2184

RAKESH TIWARI
KEDAR NATH AGRAWAL – Appellant
Versus
DISTRICT JUDGE, BALLIA – Respondent


Advocates:
Counsel :
B.C. Rai and R.R. Shivhare for the Petitioner; A.K. Rai, Dr. A.N. Rai, S.N. Singh, Vishnu K. Singh, R.N. Singh, S.C. for the Respondents.

JUDGMENT

Hon’ble Rakesh Tiwari, J.—Heard learned Counsel for the parties and perused the record.

2. This petition has been filed by the tenants challenging the validity and correctness of the order dated 22.2.1984 passed by the Prescribed Authority/Munsif, West, Ballia (respondent No. 2) in P.A. Case No. 29 of 1983 and also the order dated 25.11.1985 passed by the District Judge, Ballia (respondent No. 1) in Rent Control Appeal No. 4 of 1984.

3. The facts of the case in a nut-shell are that Sri Jagdeo Shah, deceased respondent No. 4, was the owner of the shop in dispute situate in Qasba Rasra in District Ballia. He had carried on cloth business in the shop for some time, but due to his old age he transferred the shop in the name of his wife Smt. Dhanraji Devi, deceased respondent No. 3. Sri Jagdeo Shah was doing cloth business at Kolkata also where he decided to go as his business in the shop in dispute was not giving returns up to his expectations.

4. The landlords let out the shop in dispute to the petitioners for a period of one year. However, due to riots in Kolkata Sri Jagdeo Shah had to wind up his business at Kolkata and returned to Ballia. The respondent-landlady Smt. Dhanraji















































































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