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2004 Supreme(All) 1804

KAMAL KISHORE
Piyush Kumar Chaturvedi – Appellant
Versus
Special Judge (S. C. /S. T. Act), Lucknow – Respondent


Advocates:
Counsel for the Petitioner: Prashant Chandra.
Counsel for the Opposite Parties : C.S.C.

JUDGMENT

Kamal Kishore, J.—This is the writ petition under Article 227 of the Constitution of India for quashing the order dated 6.4.2004, passed by the opposite party No. 1, contained in Annexure-1 to the writ petition, setting aside the judgment dated 21.1.2004, passed by the learned Prescribed Authority.

2. The petitioner preferred an application under Section 21 (i) (a) of the U. P. Rent Control Act 13 of 1972 for vacation of the tenant (respondent, Sri Deepak Bhatnagar) from the premises in question situate at 289/121, Moti Nagar, Lucknow, of which the petitioner is an absolute owner. The tenancy had originally been granted to the father of the respondent, Sri Deepak Bhatnagar on a monthly rent of Rs. 110 and upon death of the original tenant, first the mother of the respondent became the tenant and after her death the respondent himself came to occupy a portion of the premises consisting of 2 rooms, one storeroom, verandah, kitchen, latrine and bathroom. Presently the respondent No. 2 is residing in the said accommodation with his wife, children and sisters.

3. I have heard arguments and have gone through the record.

4. The fact that the tenancy had originally been granted to










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