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2005 Supreme(All) 1032

ANJANI KUMAR
Swaraj Kumar – Appellant
Versus
Arvind Kumar – Respondent


Advocates:
A.K.GUPTA, K.K.ARORA,

ANJANI KUMAR, J.

( 1 ) THIS writ petition filed by the petitioner-tenant under Article 226 of the Constitution of India arises out of proceedings under Section 21 (1) (a) of U. P. Act No. 13 of 1972 (in short the Act ).

( 2 ) THE brief facts leading to filing of the writ petition are as under :

"the respondent-landlord filed an application for the release of the accommodation in dispute under Section 21 (1) (a) of the Act with the allegation that his family consists of himself, his wife and two sons who are unemployed and are to be engaged in business. The tenant can take some other accommodation. The petitioner contested the application by filing his written statement. The stand taken by the petitioner-tenant are that Arvind Kumar grandson of owner of the house in dispute Devi Saran has been collecting the rent on behalf of Devi Saran. Devi Saran, owner of the property in dispute, has large number of properties. Even with regard to Arvind Kumar who is collecting rent and may be covered within the definition of landlord, it is stated by the petitioner-tenant that Arvind Kumar is having a big factory known as Classic Collection in which Arvind Kumar and his two sons are actively enga











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