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1976 Supreme(All) 340

N.D.OJHA
Chhakki Lal – Appellant
Versus
IIIrd Additional District Judge Mainpuri – Respondent


Advocates:
R.K. Dwivedi, for Petitioner; R.S. Verma and Standing Counsel, for Opposite Parties.

ORDER :- Subhash Chandra, respondent No. 2, is the landlord of a shop. He made an application under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against Ugra Sen, respondent No. 3, for release of the aforesaid shop in his favour on the allegations that the shop in question was in dilapidated condition and also that he needed it bona fide for his own use. Ugra Sen, respondent No. 3, filed a written statement. His case was that he had vacated the shop in question and had no concern with it and that it was Chhakki Lal, the petitioner, who was the tenant of the shop. Thereafter, the respondent No. 2 got the application under Section 21 amended. The plea introduced by the amendment application was that Ugra Sen had illegally sub-let the shop in question to Chhakki Lal the petitioner. A relief was also claimed for ejectment of the petitioner along with Ugra Sen the respondent No. 3. The petitioner asserted that he was himself the tenant and was not a sub-tenant. The prescribed Authority dismissed the application on the ground that on the allegation made therein as it stood after its amendment, it was not maintainable under Section 21 of th









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