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2012 Supreme(All) 1887

SUDHIR AGARWAL
CHAND RATAN LADDHA – Appellant
Versus
ADDITIONAL DISTRICT JUDGE – Respondent


Advocates:
Counsel :
Sankatha Rai and Ajay Kumar Singh for the Petitioner; A.C. Tripathi, R.K. Tiwari and S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Ajay Kumar Singh, learned counsel for petitioner and perused the record.

2. None appeared on behalf of respondents though case has been called in revised and names of Sri A.C. Tripathi and Sri R.K. Tiwari have been shown as counsel for respondents.

3. In brief, the facts of the case are that respondent-landlord filed an application under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as “Act, 1972”) before Prescribed Authority seeking release of shop in question occupied by petitioner-tenant on the ground that it was required by the landlords for setting up a business by the landlord-applicant No. 1, namely, Dwarika Prasad Agarwal, relating to sale and purchase, printing and publishing of books and Panchangs; and binding. The application was registered as P.A. Case No. 45 of 1992, which was contested by petitioner-tenant stating that landlord is already engaged in business of sale, purchase, printing and publications of books, panchang, calender and diaries under the name and style “Sri Thakur Prasad Pustak Bhandar” in a very specious accommodation in the premises




























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