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2011 Supreme(All) 772

ANIL KUMAR
MOHD. ASLAM – Appellant
Versus
A. D. J. BARABANKI – Respondent


Advocates:
Counsel :
Mohd.Arif Khan for the Petitioner; V.P. Singh Chauhan, Bireshwar Nath,C.S.C. for the Respondents.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Sri Mohd. Arif Khan Senior Advocate assisted by Mohd. Adil Khan on behalf of the petitioner and Sri Bireshwar Nath, learned counsel for the respondents.

2. Controversy involved in the present case relates to a shop in mohalla Purana Bazar, Qasba Rudauli, district Barabanki and which petitioners are landlord, opposite party No. 2 Haji Ehsanul Haq is a tenant @ Rs. 10/- per month.

3. On 10.3.1981, petitioner moved an application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (hereinafter referred to as an ‘Act’) for release of the shop in question. In para 4, need as set up by the petitioners is to the effect that the shop in question is required for the purpose of doing business of selling readymade garments by petitioner No. 4 Mohd. Uzair.

4. Further in para-8 of the release application, it is stated that the tenant has one shop at purana bazar mohalla Khwaza Hall district Barabanki and one shop in Mohalla Katra district Barabanki from where the tenant alongwith his two sons are doing business so the need of applicant No. 4 to start the business from the shop in question is bona fide and genuine



































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