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2008 Supreme(All) 1543

S.U.KHAN
NARENDRA PAL SINGH – Appellant
Versus
ILAM CHAND SHARMA, ADVOCATE – Respondent


Advocates:
Counsel :
Anand Kumar Gupta for the Petitioner; R.K. Jain, K.S. Verma, A.K. Sharma for the Respondent.

JUDGMENT

Hon’ble S.U. Khan, J.—At the time of arguments no one appeared on behalf of the respondent even though the case was taken up in the revised list. Accordingly, only the arguments of learned Counsel for the petitioner were heard.

2. This is landlord’s writ petition whose release application filed on the ground of bonafide need under Section 21 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 has been rejected by both the Courts below. Release application was registered as P.A. case No. 24 of 1997 and was dismissed by Prescribed Authority/Judge Small Causes Court, Saharanpur on 16.6.1999. Against the said judgment and order landlord-petitioner filed R.C. Appeal No. 15 of 1999. Illrd Additional District Judge, Saharanpur dismissed the appeal on 6.11.1999 hence this writ petition.

3. House in dispute is situate within the city of Saharanpur and contains three rooms, one store room, kitchen, bath-room, latrine veranda and sahan. Rent is Rs. 100/- per month.

4. Case set up in the release application was that the landlord was in service in Education Department of Delhi Government and had retired from the said service in 1995; that landlord had a flat

































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