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2013 Supreme(All) 2047

RAJES KUMAR
Bhagwandas Sharma – Appellant
Versus
Kshitijkant Kesari – Respondent


Advocates:
Counsel :
Smt. Komal Khare and Somesh Khare for the Petitioners; Rahul Sahai and Sangam Lal Kesarwani for the Respondents.

Rajes Kumar, J.

This is the petition by the tenants of the shop in dispute situated in a building no. 246 against the order dated 27.4.2013 passed by the District Judge, Chandauli whereby Rent Appeal No. 8 of 2004 filed by the landlords has been allowed and the order of the Prescribed Authority dated 18.3.2004 has been set aside. The release application filed by the landlords has been allowed and the petitioners have been directed to vacate the premises, which is in the nature of shop.

The brief facts giving rise to the present writ petition are that;

Late Kashi Nath Kesari, who was the landlord of the premises in dispute, filed release application under Section 21 ( 1) ( a) of the Uttar Pradesh Urban Buildings ( Regulation of Letting, Rent and Eviction) Act, 1972 ( hereinafter referred to as the ( "Act") in the year 1980 on the ground that the premises in dispute was required for personal need, for carrying on the business as well as for residential purposes. The Prescribed Authority vide order dated 31.8.1981 rejected the release application and the plea of the landlords of bona fide need and comparative hardship. The order of the Prescribed Authority has been challenged in appeal.



















































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