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2012 Supreme(All) 3326

SUDHIR AGARWAL
ANIL KUMAR – Appellant
Versus
CHETANYA SWARUP GUPTA – Respondent


Advocates:
Counsel :
A.K. Gupta and M.K. Gupta for the Petitioner; Rahul Sahai, Manish Kumar Nigam, R.K. Srivastava and V.K. Agarwal for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri M.K. Gupta, learned counsel for petitioner, Sri Manish Kumar Nigam, learned counsel for respondents and perused the record.

2. Petitioner is a landlord of disputed shop situated at Generalganj, Opposite Nagar Palika, Mathura. The shop was let out to respondent-tenant on a monthly rent of Rs 250/- which included House Tax etc. and rent was increased to Rs. 450/- per month. The shop came in the share of petitioner-landlord as a result of family settlement/partition. An application was filed in February, 1993 by petitioner as well as his parents; Sri Nathhi Lal, father and Smt. Ganga Devi, mother seeking release of disputed shop on the ground of personal need under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as “Act, 1972”). It is said that applicant No. 3 (present petitioner) is major and married. He is running his business in a rented shop but is not doing well and intends to settle business in his own shop i.e. disputed one.

3. Application was contested by respondent-tenant and besides other it said that petitioner, Anil Kumar, is not completely unemployed but h




















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