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1981 Supreme(All) 61

S.D.AGARWALA
Firm M/S. Shanker Dass Durga Prasad – Appellant
Versus
IVth Additional District Judge – Respondent


Judgment

S.D. Agarwala, J.

1. THESE are two writ petitions arising out of proceedings for release of shop No. 223-A. situate in Ganj Bazar, Meerut Cantt. The petitioner Rajendra Prasad is the owner landlord of the said premises. M/s. Shanker Dass Durga Prasad is a firm carrying on business in foodgrains and is a tenant of the said property No. 223-A which is being used as godown. Rajendra Prasad is carrying on his sweet-meat business in the adjoining shop No. 223 in Ganj Bazar, Meerut Cantt. Rajendra Prasad moved an application in the year 1970 under section 14 of the U. P. Cantonment Control of Rent and Eviction Act, 1952 on the ground that he required the godown No. 223-A to expand his restaurant and to shift his Bhatti and storage there. During the pendency of this petition, U. P. Act XIII of 1972 was enacted. The application was, therefore converted as an application under Section 21 (1) (a) of U. P. Act XIII of 1972 hereinafter referred to as the Act. The application was initially dismissed by the prescribed Authority on 9th June, 1975. An appeal was filed against the said decision. The appellate court affirmed the order of the prescribed Authority. The appellate order was chall






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