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2010 Supreme(All) 1879

ANIL KUMAR
MOHD. HUSAIN BEG @ RAJJAN – Appellant
Versus
PRESCRIBED AUTHORITY RAEBARELI/ADDL. CIVIL JUDGE – Respondent


Advocates:
Counsel :
B.R. Singh for the Petitioner; C.S.C., A.A. Siddiqui for the Respondents.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Sri B.R. Singh, learned counsel for the petitioner and Sri A.A. Siddiqui, learned counsel for the opposite parties.

2. The facts, in brief, as submitted by the learned counsel for the petitioner are that respondent No. 2 Smt. Kanis Fatima, who is a landlady of the shop situated in Mohalla Jahanbad district Raebareli, moved an application on 11.11.2003(Annexure No. 3 to the writ petition) under Section 21(1) (a) of U.P. Act No. 13 of 1972 inter alia stating therein that the shop in question is needed in order to establish a business for his son Azaz Askari, who is unemployed youth.

3. Accordingly, a P.A. Case No. 6 of 2003 (Smt. Kanis Fatima v. Mohd. Hussain) registered before the Prescribed Authority/ Additional Civil Judge (Senior Division) Court No. 14, Raebareli.

4. After exchange of pleadings between the parties, prescribed authority came to the conclusion that the need of landlady is bona fide and genuine in comparison to tenant, allowed release application under Section 21(1) (a) of U.P. Act No. 13 of 1972 by order dated 15.12.2009.

5. While allowing the release application, the prescribed authority recorded a finding that from the date of






























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