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2006 Supreme(All) 2304
[2006(7) ADJ 22 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : ANJANI KUMAR, J.
NAND KISHORE AWASTHI ....Petitioner
Versus
ADDITIONAL DISTRICT JUDGE, COURT NO. 16, KANPUR NAGAR AND OTHERS ......Respondents
(Civil Misc. Writ Petition No. 22661 of 2002, decided on 25th August, 2006)
Act Referred
UTTAR PRADESH URBAN BUILDINGS REGULATION OF LETTING, RENT AND EVICTION ACT : S.21(1)
Headnote
U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Section 21(1)—Release of accommodation—Partial release—Release of part of the accommodation not suffice the requirement of landlord as well as tenant—Such plea not raised before the prescribed authority or appellate authority—If raised for the first time before High Court in proceedings under Article 226 of Constitution, could not be a ground for rejection—Matter to be remitted back to authority for decision on the part release of the accommodation in dispute.
Advocates:
Counsel :
Manoj Misra for the Petitioner; Sharad Malviya, S.C., for the Respondents.
Counsel :
Manoj Misra for the Petitioner; Sharad Malviya, S.C., for the Respondents.
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