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2012 Supreme(All) 311

DILIP GUPTA
RAMESHWAR DAYAL AGARWAL – Appellant
Versus
PAWAN KUMAR – Respondent


Advocates Appeared:
Ajit Kumar for the Petitioner; S.C. and K.M. Garg for the Respondents.

JUDGMENT

Hon’ble Dilip Gupta, J.—The decree holder has filed this petition for quashing the order dated 11th December, 1997 by which the objections filed by the judgment-debtors on 9th July, 1976 in Execution Case No. 232 of 1976 seeking the benefit of Section 29-A of the U.P. Urban Buildings (Regulation of Letting, Rent and Control) Act, 1972 (hereinafter referred to as the ‘1972 Act’) were allowed and it was ordered that if the enhanced annual rent and the costs were deposited by the judgment debtors, the decree for eviction shall stand discharged. The said Execution Case was filed on 22nd May, 1976 by the plaintiff of Original Suit No. 915 of 1964 for execution of the decree dated 12th May, 1975 for eviction of the defendants from the plot of land and recovery of arrears of rent. The petitioner has also sought the quashing of the judgment and order dated 25th August, 2004 by which the Revision filed by the petitioner for setting aside the aforesaid order dated 11th December, 1997 was dismissed.

2. The question that arises for consideration in this petition is whether the benefit of Section 29-A of the 1972 Act, which was inserted with effect from 5th July, 1976 by U.P. Act No. 28





















































































































































































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