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2009 Supreme(All) 1679

V.D.CHATURVEDI
MOHD HUSAIN – Appellant
Versus
SPL ADJ GONDA – Respondent


Advocates Appeared:
R.N.Tilhari, S.K.Mehrotra, SANJAY VERMA,

This writ petition has been filed against the judgment and order dated 22. 12. 1990 passed by Special/additional District Judge, Gonda in M. R. A. No. 17 of 1988; Vishnu Prasad vs. Mohd. Husain & another whereby the learned Special/additional District Judge, Gonda allowed the appeal setting aside the judgment and order dated 6. 4. 1988 passed by the Prescribed Authority in P. A. Case No. 43 of 1984.

The brief facts giving rise to the present petition are that the respondent no. 2 Vishnu Prasad is the tenant of a shop, the landlords of which are the petitioner no. 1 and the petitioner Nos. 2/1, 2/2, 2/3 and 2/4 (substituted as legal heirs of the co-landlord Mohd. Amin ). An application under Section 21 of U. P. Urban Buildings Act (Act No. 13 of 1972) was moved by the landlords for the release of the disputed shop on the ground of personal need, which was allowed by the Prescribed Authority. The judgment of the Prescribed Authority was reversed in the appeal hence this writ petition.

I have heard learned counsel for the petitioner. However, none is present for the respondents even on the revision of the list.

Learned counsel for the petitioners argues that the Additional District Ju













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