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2010 Supreme(All) 2215

TARUN AGARWALA
Surendra Kumar Batra – Appellant
Versus
Additional District Judge – Respondent


Advocates appeared:
S.K. Jain
Lalit Miglani

JUDGMENT

Hon’ble Tarun Agarwala, J.

Heard Mr. S. K. Jain, the learned counsel for the petitioner and Mr. Lalit Miglani, the learned counsel for the respondent no.2 Shyam Lal.

2. The petitioner, who is the landlord, had filed an application under Section 21(1)(a) of the U.P. Act No.13 of 1972 for the release of the house in question for his personal need and for his family. The facts leading to the filing of the aforesaid application is that the petitioner’s parents were residing in the ground floor and the petitioner and his wife were residing on the first floor. In paragraph 9 of the application, it has been asserted that the house belongs to his parents. It was contended that the petitioner and his wife have no children and this had become a bone of contention of a strained relationship with his parents and between his wife and his parents also and, on account of the strained relationship, it was asserted in paragraph 11 that the parents asked him to leave their house and reside elsewhere. Accordingly, the petitioner purchased a residential house on 07th April, 1989 and, upon the expiry of three years, filed an application for the release of the house on the ground of his p










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