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1976 Supreme(All) 52

M.N.SHUKLA
Tarawati – Appellant
Versus
Ambika Prasad Dixit – Respondent


Advocates appeared:
K.M. Dayal, Pratap Narain Saksena

JUDGMENT

M. N. Shukla, J.

1. SMT. Tarawati, the landlady, has filed this writ petition under Article 226 of the Constitution challenging the order dated 21-5-1974 passed by the Appellate Authority under Section 22 of the U. P. Urban Buildings (Regulation of Letting and Eviction) Act, 1972 (hereinafter referred to as the Act) allowing the tenant's appeal and rejecting the application for release made by the landlady under Section 21 of the Act.

2. THE petitioner is the owner and landlady of house No. 105/262, Gandhi Chowk, Kanpur. The opposite party No. 1 is a tenant in a portion of the said house on a monthly rent of Rs. 90/-. The petitioner applied for, release of the accommodation in the tenancy of the opposite party No. 1 on the allegations that her family consisted of herself, her daughter, namely Smt. Prem Lata, her son-in-law Sri Shiva Nand Agnihotri, her grand daughter and her grand sons, besides a maid servant. It was alleged that Smt. Prem Lata was residing with her mother even after her marriage. She was the Principal of Guru Nanak Inter College, Kanpur and her husband was a Supervisor in the Inspectorate of Central Store, Kanpur. The grand daughter was said to be a studen












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