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2008 Supreme(All) 2212

V.K.SHUKLA
JAMUNA DEVI – Appellant
Versus
DISTRICT JUDGE, KANPUR NAGAR – Respondent


Advocates:
Counsel :
P.K. Srivastava for the Petitioner; Manoj Mishra, Ankush Tandon for the Respondents.

JUDGMENT

Hon’ble V.K. Shukla, J.—In this bunch of writ petitions, petitioners claim that they are tenants in disputed accommodation with the consent and knowledge of the previous landlord, who had been regularly accepting rent from petitioners. The rent was being noted in the diary maintained by him for the said purpose. Said premises is big Ahata having 35 tenants, each having one or two rooms in their possession. The condition of building is unhygienic made of mud mortar and the roof of the rooms is old khaprail. The building in question is situated in an area which is mostly occupied by poors, scheduled caste and backward class people and closed to a Nala. Respondent Nos. 3 and 4, son and father, purchased the said premises in question on 27.10.2005. After the purchase of the aforementioned property, proceedings under Section 16 (1) (b) of U.P. Act No. XIII of 1972, were initiated against all the 35 tenants, claiming vacancy in the respective accommodations on same common ground, that these 35 tenants were in unlawful occupation of their respective portions and the same are vacant. It was also stated that respondent Nos. 3 and 4 would carry cloth business. Against the said procee



















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