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1990 Supreme(All) 114

M.P.SINGH
Krishna Rani – Appellant
Versus
District Judge – Respondent


Advocates:
Advocate Appeared:
R.P.Agrawal, Ranjit Saxena

JUDGMENT

M.P.Singh, J.

1. Petitioner is a prospective allottee. By means of the impugned order the court below has allowed the revision of the opposite parties, who are the landlords and remanded the case to Rent Control and Eviction Officer for fresh decision

2. Disputed accommodation is a part of house No. 474, Khurbura, Dehradun, consisting of three rooms, kitchen, store, bath-room and latrine. Short Facts :

The accommodation was declared vacant under Section 12 of U. P. Act No. 13 of 1972 on 3-1-1986 on account of the death of the sitting tenant. It was followed by the proceedings for allotment initiated on the application filed by Smt. Krishna Rani (petitioner). The landlords also filed application for release under Section 16 (1) (b) of the Act. Their case was that they were co-owners and were carrying on transport business in partnership under the name and style of M/s. Highway Motor Company. The office of the said transport company and the office of M/s. Dehra Auto Finance and Rajiv Transport Company which also belonged to them, were situated in a part of property No. 69, Gandhi Road, Dehradun. Son of applicant no. 1 Ajay Gurg was carrying on wool combing business from the sa












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