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2011 Supreme(All) 677

ANIL KUMAR
GOPAL LAL BHALLA – Appellant
Versus
ADDITIONAL DISTRICT & SESSIONS JUDGE, LUCKNOW – Respondent


Advocates:
Counsel :
P.K. Khare for the Petitioner; C.S.C., Munawar Sultan and Sudeep Kumar for the Respondents.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Sri P.K. Khare, learned counsel for the petitioner, Sri Umesh Chandra, Senior Advocate assisted by Sri Munawar Sultan, learned counsel for the respondents.

2. Controversy involved in the present case relates to the shop situated in the premises having Municipal No. 332/20 situated at Sher-wali-Kothi, Sharrafa Bazar, Chowk Road, Lucknow under the tenancy of the petitioner.

3. Respondent No. 3 vide sale-deed dated 22.5.2000 purchased the same from the previous owner-Jagdish Chandra Agarwal. Thereafter, on 22.3.2007, moved an application under Section 21(1)(a) of the U.P. Act No. XIII of 1972 for release. Accordingly, a PA case No. 6/2007(Smt. Usha Agarwal v. Gopal Lal Bhalla) registered before the Prescribed Authority/Civil Judge(S.D.), Mohanlalganj, Lucknow.

4. In the release application it has been mentioned by respondent No. 3-landlady that she has purchased the shop in question from the then owner Sri Jagdish Chandra Agrawal by a registered sale-deed, the same be released as her three sons doing business selling of chikan, cloths from one shop not sufficient, wants to settle one son namely Sachin Agrawal in separate business. Written statement




































































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