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1974 Supreme(All) 109

R.L.GULATI
Kranti Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
V.P. Goel, for Petitioner; Standing Counsel, for Opposite Parties.

Judgement

ORDER :- The petitioner Kranti Kumar is the son of late Dr. Harish Chandra, resident of Najibabad, district Bijnor. Dr. Harish Chandra was a medical practitioner in the town of Najibabad. He used to run his clinic in the disputed accommodation. He died on 26th March, 1969, leaving behind the petitioner and his widow Smt. Ram Sakhi as his heirs and legal representatives. At that time the petitioner was in employment at Jabalpur. The accommodation in dispute is owned by the third respondent Smt. Vidyawati hereinafter referred to as the landlord. She applied for permission to file a suit for ejectment against the petitioner and his mother under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act. The Rent Control and Eviction Officer in his detailed order considered the needs of the landlord and of the tenants, namely the petitioner and his mother. It appears that the petitioner' mother had indicated to the Rent Control and Eviction Officer her intention to start a chemist shop in the accommodation in dispute as a source of her livelihood. The Rent Control and Eviction Officer found that the need of the landlord was not genuine whereas the need of the tenant w










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