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2013 Supreme(All) 1872

SHIVA KIRTI SINGH, DILIP GUPTA
ARUN KUMAR JOSEPH – Appellant
Versus
VICTOR SAMUEL MATHEWS – Respondent


Advocates Appeared:
Saurabh Jain, Pramod Kumar Jain, Ankush Tandon and Shesh Kumar for the Petitioner; Arun Kumar Singh, Rohit Agarwal, Ashish Kumar Srivastava and S.C. for the Respondents.

JUDGMENT

Hon’ble Shiva Kirti Singh, C.J.—Parties have been heard in detail.

2. By a specific order passed on 19.5.2011 in the first case of Arun Kumar Joseph, a learned Single Judge has referred two questions of law for determination by a Larger Bench in the light of apparent conflict between two sets of judgments passed by different Benches of learned Single Judges. The connected matters are to be governed by the answers to the issues under reference. The questions of law referred are as follows :

“(a). Whether release application by landlord can be said to be barred by limitation if the same is presented after more than 12 years from the date person is said to have entered into an unauthorised occupation of the premises covered by U.P. Act No. 13 of 1972;

(b) Whether in absence of any limitation being provided under U.P. Act No. 13 of 1972 for initiation of release proceedings, qua deemed vacancy can any period of limitation, be read in the statutory provisions, on the principle that the power/right vested must be exercised within reasonable time.”

3. Before scrutinizing the two sets of judgments and other relevant judgments on the aforesaid issues and the relevant provisions of U









































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