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2009 Supreme(All) 2638

POONAM SRIVASTAV
MADAN LAL – Appellant
Versus
PRESCRIBED AUTHORITY/MUNSIF, AGRA – Respondent


JUDGMENT

Mrs. POONAM SRIVASTAV, J.--Heard learned Counsels for the parties.

2. The instant writ petition has been filed challenging the order dated 22.11.1985 passed by the Prescribed Authority/Munsif, Agra. By virtue of the order dated 22.11.1985 the application of the opposite party for release of the disputed accommodation under section 21 (1) (a) of the U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) was allowed ex parte and the order was passed by the Munsif, Agra for eviction of the tenant from the disputed shop bearing Municipal No. 26/227 Balka Basti Gokulpura, Agra. An application under Order IX, Rule 13 read with section 151, C.P.C. was preferred for setting aside the ex parte order in Case No.9 of 1980 on the ground that no notice was served and service of notice does not substantiate either in the impugned order releasing the disputed shop nor anywhere whatsoever. The prescribed authority rejected the application by means of order dated 27.10.1980.

3. Firstly the order of eviction dated 27.10.1980 is a cryptic order without giving the facts of the release application, the mode of service or even recording a finding on the question of 'bona fide need' and 'comp



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