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2008 Supreme(All) 2353

V.K.SHUKLA
JYOTI PRASAD GONGAL – Appellant
Versus
IIIrd ADDL. DISTRICT JUDGE, AGRA – Respondent


Advocates:
Counsel :
R.N. Bhalla, Shyam Kr. Srivastava and S.K. Srivastava for the Petitioner; P.C. Jain for the Respondents.

JUDGMENT

Hon’ble V.K. Shukla, J.—Jyoti Prasad has approached this Court questioning the validity of the order dated 7.7.1988 passed by Rent Control & Eviction Officer directing release of the premises in question in favour of the landlord exercise of its authority vested under Section 16 of U.P. Act No. XIII of 1972 and order of its affirmance dated 12.12.1996 passed by 3rd Additional District Judge, Agra in Revision No. 20 of 1991.

2. Petitioner has been tenant of shop No. 14/34-A/1-6 Phawara Hospital Road Agra. Qua the said premises in question one Bijendra Singh Parmar moved application contending therein that premises in question is lying locked and thus, there is deemed vacancy of the premises in question. On the said application being moved Rent Control and Eviction Officer was asked to submit its report. Thereafter Rent Control Inspector went on the spot and submitted its report. Alongwith said report submitted statement of Ravi Prakash Agarwal and Ramesh Chandra Jain that inspection was carried out by the Rent Control Inspector in their presence and it was found that said shop in question was closed was also appended. Rent Control Inspector on 29.1.1987 had submitted report








































































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