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2012 Supreme(All) 3050

SUDHIR AGARWAL
AMEER CHANDRA JAIN – Appellant
Versus
ADDITIONAL DISTRICT JUDGE COURT NO. 1 ETAWAH – Respondent


Advocates:
Counsel :
Arvind Srivastava for the Petitioner; S.C., A.K. Tiwari, A.K. Tripathi and Pradeep Kumar for the Respondents.

Sudhir Agarwal, J.

1. Heard Sri Arvind Srivastava, Advocate, for petitioner and Sri Pradeep Kumar, Advocate, for respondents 3/1 to 3/5.

2. Since pleadings are complete, as requested by learned counsels for parties, it was heard finally and being decided at this stage under the Rules of the Court.

3. The facts set out in the writ petition are as under.

4. Petitioner is a tenant of a shop situated at Sri Krishna Bazar, Pargana Saifai, District Etawah ( hereinafter referred to as "shop in dispute"). Initially the shop in dispute was let out to Sri Puttu Lal Jain, father of petitioner Ameer Chandra Jain, who expired long back whereafter tenancy rights devolved on petitioner, who claims to be living with his brother Kailash Chandra Jain and doing business of "Bardana" in the said shop. It is pleaded that his brother Kailash Chandra Jain, respondent no. 4 ( now deceased and substituted by his legal heirs), left for Delhi and settled thereat.

5. The respondent no. 3 ( landlord), Sri Manohar Lal Gupta ( now deceased and substituted by his legal heirs, i.e., respondents 3/1 to 3/5) filed P.A. Case No. 16 of 1996 impleading only respondent no. 4 before the Prescribed Authority/Civil Judge ( Seni
























































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