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2007 Supreme(All) 2986

S.U.KHAN
SHAKUNTALA DEVI – Appellant
Versus
RAJ KUMARI (WIDOW) – Respondent


Advocates:
Counsel :
A.K. Gupta for the Petitioner; Smt. Rama Goel “Bansal” for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned Counsel for the parties.

2. This is Landlady’s writ petition arising out of eviction/release proceedings initiated by her against tenants-respondents on the ground of bonafide need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) act, 1972 (hereinafter referred to as the “Act”). The release application was registered as P.A. Case No. 47 of 2003 on the file of Prescribed Authority/J.S.C.C. Jhansi. Property in dispute is a shop, rent of which is Rs. 90 - per month. Landlady pleaded that she had four sons, out of whom two were doing business of readymade garments and she required the shop in dispute for settling the other two sons i.e. Sri Sanjeev Singh and Sri Surjeet Singh. Initially late Sri Kishen Chandra Lekhadhari was the tenant of the shop in dispute. After his death the respondents inherited the tenancy. Release application was allowed on 1.12.2005. Against the said judgment and order tenants filed R.C. Appeal No. 13 of 2005. A.D.J. Court No. 1 Jhansi allowed the appeal through judgment and order dated 4.10.2006, set aside the judgment and order passed by the Prescribed Authority and remanded the mat



















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