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2011 Supreme(All) 1372

ARUN TANDON
RAM PAL SINGH – Appellant
Versus
VIVEK NARAYAN – Respondent


Advocates:
Counsel :
Satish Mandhyan for the Petitioners; Ravi Kiran Jain and Vivek Saran for the Respondents.

JUDGMENT

Hon’ble Arun Tandon, J.—Heard Sri B.D. Madhyan, learned Senior Advocate assisted by Sri Om Prakash, Advocate on behalf of the petitioners, and Sri Ravi Kiran Jain, learned Senior Advocate assisted by Sri Vivek Saran, Advocate on behalf of respondents.

2. This is tenant writ petition. Application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 was filed by the land-lords of the premises in respect of five shops together being P.A. Case No. 3 of 2002. The shops are situate at Gadh Road, Meerut. According to the land-lords, they had obtained post graduate degree in medical sciences and they wanted to establish their independent clinic in the aforesaid shops for examination of patients and operation theatre etc. They would use these five shops together after necessary alteration. It was stated that except for the aforesaid five shops, the land lords did not have any alternative accommodation available with them for the purpose.

3. The application so filed by the land-lord was contested by the tenant petitioners and it was contended that the landlords were owners of large number of properties, they were infact carrying on their profession from two different shops, which





















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