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2011 Supreme(All) 538

ANIL KUMAR
KISHORE – Appellant
Versus
ADDITIONAL DISTRICT JUDGE, COURT NO. 8, LUCKNOW – Respondent


Advocates:
Counsel :
Mohd. Aslam Khan for the Petitioners; Manish Kumar for the Respondents.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Mohd Arif Khan learned Senior Counsel assisted by Mohd. Aslam Khan, learned counsel for the petitioners, Sri Nrapendra Misra holding brief of Sri Manish Kumar learned counsel for opposite party No. 1, Sri N.K. Pandey and Sri Anand Kumar Mishra, Advocates for respondents.

2. By means of the present writ petition, the petitioners/ tenant has challenged the order dated 10.1.2011 (Annexure No. 8 to the writ petition) passed by opposite party No. 1/ Additional District Judge, Court No. 8, Lucknow by which petitioners’ application for amendment in the written statement at the appellate stage has been rejected.

3. Controversy relates to a shop situated at house No. 119, Mill Road, Mawaiya, Lucknow, initially let out by Sri Kungoo Mall,the father of the petitioner at a monthly rent of Rs. 50/-.

4. On 2.8.1999, landlord/O.P. Nos. 2 to 7 moved an application for release of the shop in question under Section 21(1)(a) of U.P. Act 13 of 1972 registered as PA Case No. 100 of 1999, a written statement filed on 13.8.2001 by tenants/petitioners, thereafter application and application under Section 34(c) of the Act has been moved by the tenants on 8.1.2006 regis





































































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