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2004 Supreme(All) 2380

ANJANI KUMAR
Abdul Naim Quraishi – Appellant
Versus
Masi-Uddin Khan – Respondent


Advocates:
Counsel for the Petitioner: Vishnu Sahai and Bhupeshwar Dayal.
Counsel for the Respondent: Shashi Nandan, Shyam Ji Gaur and Arvind Agrawal.

JUDGMENT

Anjani Kumar, J.—This writ petition under Article 226 of the Constitution of India filed by the petitioner-tenant challenges the order dated 18th July, 2003, passed by the appellate authority, copy whereof is annexed as Annexure-6 to the writ petition, dismissing the appeal filed by the petitioner-tenant under Section 22 of the U. P. Act No. 13 of 1972, hereinafter referred to as the ‘Act’ and the order dated 19th February, 2001, passed by the prescribed authority, copy whereof is annexed as Annexure-4 to the writ petition, whereby the prescribed authority allowed the application under Section 21 (1) (a) of the Act filed by the respondents-landlord.

2. The facts leading to the filing of the present writ petition are that the respondents-landlord filed an application under Section 21 (1) (a) of the Act for the release of the accommodation in question, which is a shop, on the ground that the accommodation is bona fide required by the landlord in order to settle his elder son Samiuddin, who is at present doing nothing. It is further stated in the application that Samiuddin was carrying on a business, which has to close down because of the heavy losses and he wants to start a f








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