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2007 Supreme(All) 1822

PRAKASH KRISHNA
NET RAM AND SONS – Appellant
Versus
Vth ADDITIONAL DISTRICT JUDGE, AGRA – Respondent


Advocates:
Counsel :
P.C. Jain, Ramendra Asthana and Anil Srivastava for the Petitioners; B.D. Mandhyan, V. Singh, D. Tewari, S.C. for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—This is a tenant’s petition. It arises out of a release application filed under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) by Ramesh Kumar Kwatra, respondent No. 2 herein, in respect of property No. 25/10, situate at Chhipi Tola, Rakabganj, Agra. The tenanted accommodation consists of seven rooms, three verandah, one courtyard and a big entrance gate situate on the ground floor of the aforesaid building No. 25/10. The said accommodation is admittedly being used by the tenants for godown purposes and it was let out some time in the year 1900 at the rent of Rs. 169.50 paise per month. The release application was filed on the pleas inter alia that the disputed accommodation of the ground floor is needed by the landlord for opening a hotel. It was further stated that the building in question is ideal for opening a hotel business as there are other hotels nearby. It was also pleaded that except the petitioner, there is one more tenant who has agreed to vacate the disputed accommodation. The landlord pleaded that earlier he was doing cloth business, but he has been total fa




















































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