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2005 Supreme(All) 1104

Natthu Ram – Appellant
Versus
VIIth A. D. J. – Respondent


Advocates:
A.C.TRIPATHI, Shashi Nandan,

S. U. KHAN, J.

( 1 ) THIS writ petition arises out of release proceedings initiated by original landlady Smt. Kundru devi since deceased and survived by the petitioner against tenant respondent No. 3 Gopal on the ground of bona fide need of her son under Section 21 of U. P. Rent Regulation Act (U. P. Act No. 13 of 1972 ). Property in dispute is a shop rent of which is Rs. 20 per month. Landlady had three shops in a row. Western shop was being used by her son who is now petitioner, eastern shop is in tenancy occupation of respondent No. 3 and the middle shop was also in possession of another tenant Sahdeo. All the three shops are of 5 feet 3 inch by 8 feet 10 inch. Landlady filed two release applications against both the tenants. The release application against respondent No. 3 was registered as P. A. Case No. 170 of 1983 and release application against the other tenant sahdeo was registered as P. A. Case No. 169 of 1983. Prescribed authority/iind Additional Civil judge, Varanasi, allowed both the release applications through judgment and order dated 4. 3. 1986 against which two appeals were filed. Appeal of respondent No. 3 was registered as r. C Appeal No. 98 of 1986 and appeal of








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