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1971 Supreme(All) 108

V. G. OAK, R. B. MISRA
Masood Ahmad – Appellant
Versus
The State of U. P. – Respondent


Advocates:
Amar Nath Kaul, G.N. Kunzru, and R.D. Upadhya, for Appellant; M.P. Mehrotra, for Respondents.

Judgement

V.G. OAK, C.J. :- This Special Appeal arises out of proceedings under the U. P. (Temporary) Control of Rent and Eviction Act. The dispute relates to a certain shop at Kanpur. Rama Shankar Agarwal, respondent No. 3, is the proprietor of the shop. At one time one Arif Husain occupied the shop as Rama Shankar's tenant. In July 1967 he transferred his business and goodwill in favour of Masood Ahmad, who is the appellant in this Special Appeal. Arif Husain died on 10-7-1967. Upon Arif Husain's death, the shop was occupied by Masood Ahmad. He applied for allotment of the shop in his name. On 21-10-1967 the Rent Control and Eviction Officer, Kanpur allotted the shop to Masood Ahmad.

2. Rama Shankar Agarwal (landlord) went up in revision under S. 7-F of the Act. The revision was allowed by the State Government on 12.3.1968. The order of allotment in Masood Ahmad's favour was set aside; and the accommodation was released in favour of the landlord.

3. Masood Ahmad filed a writ petition challenging the order passed by the State Government in revision on 12.3.1968. The writ petition has been dismissed by a Single Judge of this Court. Masood Ahmad has filed the present Special Appeal.

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