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2013 Supreme(All) 226

SUDHIR AGARWAL
SAROJ TYAGI – Appellant
Versus
GURMEET SINGH – Respondent


Advocates:
Counsel :
Dharam Pal Singh and Rajeev Trivedi for the Petitioners; Manoj Kumar Sharma and Smt. Rama Goel for the Respondent.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Dharam Pal Singh, learned Senior Advocate assisted by Sri Rajeev Trivedi, Advocate for the petitioners and Sri Manoj Kumar, Advocate appearing for the respondent.

2. The judgment and order dated 28.4.2006 passed by Additional District Judge, Court No. 14, Moradabad in purported exercise of powers under Section 19 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the “Act, 1972”) revoking release order dated 15.5.2004 in respect to property in dispute, namely, a shop situated at Mohalla Chowk Tadi Khana, Tyagi Market Court Road, Moradabad has given rise to the present writ petition.

3. Petitioners are landlords of the shop in dispute.

4. The facts, in brief, are that Sri Dhirendra Kumar Tyagi, [now deceased and substituted by petitioner No. 1 (wife), petitioner No. 2 (son) and petitioner Nos. 3 and 4 (daughters)] let out the shop in dispute to one Kishan Lal on rent who closed his business sometimes in the year 2003 and intimated Rent Control and Eviction Officer, Moradabad (hereinafter referred to as the “RCEO”) about his intention to vacate the shop in dispute. The RCEO declared afo






















































































































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