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1986 Supreme(All) 164

A.N.DIKSHITA
Habib-Ul-Rahman – Appellant
Versus
Ist Addl. District Judge Bijnor – Respondent


Advocates Appeared:
D.N. Misra

Judgment

A.N. Dikshita, J.

1. BY means of this petition under Article 226 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashing the order dated 11-11-1982 passed by 1st Additional District Judge, Bijnor, allowing the appeal preferred by respondent nos. 2 to 8 against the judgment and order of the Prescribed Authority dated 2 -2-1982 dismissing their application under section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (Act No. XIII of 1972) (hereinafter called the Act) and thus releasing the shop in their favour and granting six months' time to the petitioner to vacate it.

2. THE facts relevant to the instant controversy are that the petitioner is a tenant of a shop at Ghantaghar, Sadar Bazar, Bijnor, since 1955 wherein a retail cloth business is being run by him in the name and style of 'Fine Cloth House'. Prior to the petitioner this shop was occupied by one Evaz Ali who was doing betel and tobacoo business therefrom. THE shop was owned by one Ghasi Ram alias Ram Kumar (hereinafter called Ghasi Ram) who stayed at Saharanpur where he was in employment of a Cane Society. THE family of Ghasi Ram used to























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