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1977 Supreme(All) 198

M.P.SAXENA
HARI SHANKER VERMA – Appellant
Versus
FOURTH ADDL DISTRICT JUDGE AGRA – Respondent


M. P. SAXENA, J.

This is a tenants writ petition arising out of proceedings under Section 21 of the, U. P. Urban Buildings (Regu lation of Letting, Rent and Eviction) Act, 1972 (hereinafter called the Act ).

Briefly stated the facts are that Gokul Chand and Nauratan Lal are real brothers and Jaswant Singh, Birendra Singh, Kishan Singh, Narendra Singh and Laxmi Singh are the sons of Gokul Chand. Gokul Chand and Nauratan Lal jointly own a house. One room of this building was let out to the petitioner in which he was doing work of a goldsmith. At first Gokul Chand, Nauratan Lal and Jas want Singh moved an application under Section 21 of the Act for release of the room in possession of the petitioner. Later on the re maining sons of Gokul Chand also joinad as applicants. The appli cation for release was moved on the ground that as a result of private partition between Gokul Chand and Nauratan Lal one portion of the building was given to Gokul Chand and another one was given to Nauratan Lal. The room in dispute is situate in the portion allotted to Gokul Chand. The latters son occupies a Baithak in the portion which fell in the share of Nauratan Lal in the partition. In that shop he had










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