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2009 Supreme(All) 1911

PRAKASH KRISHNA
SHANTI DEVI – Appellant
Versus
ARUN KUMAR GUPTA – Respondent


Advocates:
Counsel :
Mool Behari Saxena and Saurabh Srivastava for the Petitioner; Manoj Kr. Pandey for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—Premises No. 113/119, Swaroop Nagar, Kanpur Nagar is the subject matter of dispute which is presently in occupation of the petitioner being the tenant. The contesting respondent No. 1 is its landlord. He was serving in the Steel Plant at Durgapur (State of West Bengal) on the post of senior manager and was provided with Category-VI Type House No. 1/10, Vivekanand Road, Durgapur. He was due to retire on 31st of May, 2000 on attaining the age of superannuation. Sensing his retirement, he filed an application under Sections 21(1)(a) and 21(1-A) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972 against the petitioner for release of the accommodation in question on the pleas inter alia that he requires the said accommodation for use of his family on the ground that he is to retire in near future and will settle at Kanpur in his own house and that presently he is in occupation of a public building in connection with his employment in Durgapur Steel Plant. Notice of the application was issued to the petitioner by the Prescribed Authority but no objection or written statement was filed and the matter proceeded ex p































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