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2013 Supreme(All) 655

S.U.KHAN
JITENDRA MOHAN MATHUR – Appellant
Versus
SARLA DEVI – Respondent


Advocates:
Counsel :
J.J. Munir for the Petitioner.

JUDGMENT

Hon’ble S.U. Khan, J.—Transfer Application filed by respondent Nos. 3 Rakesh Gupta (T.A. No. 66 of 2013) has already been dismissed by me on 26.2.2013. Respondent Nos. 1 and 2 are tenants of large property on behalf of the petitioner. The lease deed was executed in the year 1982. According to the terms of the lease deed they were entitled to induct licences. They inducted in part of the leased property respondent Nos. 3 and 4 as licencees. Thereafter, they filed release application against respondent Nos. 3 and 4 under Section 21 of U.P. Act No. 13 of 1972 which was allowed. Now the said release order is being executed by respondent Nos. 1 & 2 against respondent Nos. 3 & 4.

2. Learned counsel for the petitioner argues that in 2011 S.C.C. Suit No. 17 of 2011 has been filed by the petitioner for eviction against respondent Nos. 1 and 2. The lease deed executed in 1982 was only for 10 years. Landlord petitioner has also filed another suit in the form of O.S. No. 1625 of 2012 for injunction against all the four respondents.

3. Learned counsel for the petitioner argues that petitioner is superior landlord hence he can permit the licencee/sub tenant i.e. respondent Nos. 3 and 4 t








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