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2010 Supreme(All) 3542

RAKESH TIWARI
Nandu Lal – Appellant
Versus
Puspa Devi – Respondent


Advocates appeared:
Petitioner Counsel:- S.T. Ali, Siddharth Srivastava
Respondent Counsel:- Tarun Tiwari, A.C. Tripathi

JUDGMENT

Hon'ble Rakesh Tiwari,J. - Heard counsel for the parties and perused the record.

2. The petitioners have challenged the orders dated 25-4-2009 passed by the Additional District Judge Court No.2 Varanasi in Rent Appeal No. 19 of 2009 Nandu Lal and others vs. Smt. Puspa Devi appended as Annexure No.7 to the writ petition as well as the order dated 4-2-2009 passed by the Civil Judge (Jr. Divn.), Hawali, Varanasi in P.A. case No. 58 of 2004 Smt. Duija Devi vs. Chhote Lal and others, appended as Annexure no.3 to the writ petition. The petitioners have also prayed for a writ of mandamus for direction to the respondents not to evict the petitioners from house no. 20/25, Pishach Mochan, Nai Pokhari Ward Chetganj District Varanasi.

3. The facts of the case are that the petitioners claim to be tenant of the house no. 20/25, Pishach Mochan, Nai Pokhari Ward Chetganj District Varanasi since before 1976. The landlady Duija Devi filed a release application under section 21(1)(a) of the U.P. Act No. 13 of 1972 on the ground that the father of the present petitioners namely Chhote Lal was tenant of two rooms at the rate of Rs.200/- p.m. in the aforesaid house. In the year 1976, the family



































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