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1977 Supreme(All) 155

M.N.SHUKLA, N.D.OJHA
Pramod Kumar Tiwari – Appellant
Versus
Badri Narain Pandey – Respondent


Advocates:
R.C. Singh, for Petitioner S.C. for Opposite Parties.

Judgement

M. N. SHUKLA, J. :- By means of this writ petition under Art. 226 of the Constitution the petitioner has prayed for quashing of the orders dated 27-10-1975 and 28-10-1975 passed by respondents Nos. 3 and 2 respectively whereby the lock placed by the petitioner over the accommodation alleged to be in his tenancy was opened and he was deprived of possession.

2. The short facts of the case are that the petitioner had been in occupation of shop No. 35, Bahadurganj, Allahabad since the year 1971. After the enactment of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. 13 of 1972) (hereinafter to be referred to as the Act) the petitioner applied under S. 14 thereof for his possession being regularised. His case was that he had been in possession with the consent of the landlord and, therefore, his possession should be deemed to be in the capacity of a tenant of such accommodation. In the same application the petitioner had also made a prayer for allotment of the accommodation in his favour. The application was resisted by the landlord respondent No. 1 and the Rent Control and Eviction Officer on 21-7-1975 gave the benefit of S. 14 to th








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