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2011 Supreme(All) 610

ANIL KUMAR
SUNDER KAUR – Appellant
Versus
RAM KALI – Respondent


Advocates:
Counsel :
R.K.Sharma for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Sri R.K. Sharma, learned counsel for the petitioner and Sri Virendra Singh, learned counsel for the respondent Nos. 1 and 2.

2. The controversy involved in the present case is in respect to release of two door shop situated in the house No. 133/189, Purna Ganesh Ganj, Aminabad Road, P.S. Naka Hindola, Lucknow under the tenancy of the petitioners and respondent Nos. 3 and 4. On 29.7.2004. release application has been moved (Registered as PA. Case No. 549 of 2004) under Section 21(1)(a) of U.P. Act 13 of 1972, written statement filed on 16.8.2007.

3. During the pendency of the matter before Prescribed Authority as submitted by learned counsel for the petitioner, an application for issue of commission moved not considered by the trial Court on one hand and on the other hand by means of a judgment and order dated 15.7.2008 (Annexdure No. 4) release application was allowed. Aggrieved by the same, an appeal under Section 22 of U.P. Act 13 of 1972 (Rent Appeal No. 29 of 2008) filed.

4. In the said appeal, an application under Section 34(1)(c) read with Rule 22(f) of the U.P. Act, 1972 filed with a prayer to appoint an Advocate/Commissioner for a local ins



























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