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1977 Supreme(All) 140

T.S.MISRA
R. M. Gupta – Appellant
Versus
II Additional District Judge, Lucknow – Respondent


Advocates:
R.N. Trivedi, for Petitioner; Umesh Chandra, S.P. Pathak and A. Bannerji, for Opposite Parties.

ORDER :- On 1st June, 1965 the petitioner was let out house No. 90-A Mahanagar, Lucknow by the opposite party No. 2 acting for himself and the opposite parties Nos. 3 and 4 who are his brothers, at a monthly rent of Rs. 250/-. The rate of monthly rent was thereafter increased from time to time and it was finally enhanced to Rs. 425 with effect from Ist of August, 1972. The opposite parties 2 to 4 filed an application against the petitioner under S. 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, the Act) on the ground, inter alia that the house was required for the residence of opposite party No. 2. Eviction of the petitioner was accordingly sought for from the said house. The application was resisted by the petitioner pleading, inter alia, that his need was more genuine and pressing than that of opposite parties 2 to 4. On 19-10-1973, an application was made on behalf of the petitioner to the effect that opposite party No. 2 had not disclosed to the petitioner that he was not the real owner of the premises and that the petitioner had then learnt that the house really belonged to the Improvement Trust from whom the respondent had taken i




























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