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2011 Supreme(All) 3296

DILIP GUPTA
LAXMI NARAYAN – Appellant
Versus
ADDITIONAL DISTRICT JUDGE, COURT NO. 6, KANPUR NAGAR – Respondent


Advocates Appeared:
Anil Kumar Singh for the Petitioner; C.M. Rai and R.K. Singh for the Respondents.

JUDGMENT

Hon’ble Dilip Gupta, J.—The tenant has filed this petition for quashing the order dated 29th October, 2005 passed by the Prescribed Authority by which the application filed by the landlord under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the ‘’Act’) for release of the house has been allowed. The petitioner has also sought the quashing of the judgment and order dated 6th August, 2011 by which the Appeal filed by the tenant under Section 22 of the Act for setting aside the aforesaid order of the Prescribed Authority has been dismissed.

2. The landlord-Noor Illahi-respondent No. 3 had filed the application dated 21st December, 2001 under Section 21(1)(a) of the Act for release of the room and verandah on the ground-floor in premises No. 14/47, Badlu Prasad Compound, Civil Lines, Kanpur Nagar as it was bona fide required since he was residing in a tenanted house bearing No. 92/137, Hiraman Ka Purwa, Kanpur Nagar while the tenant Shiv Prasad had expired and his family members had vacated the accommodation and were living elsewhere. In the affidavit filed in support of the release application in Ma























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