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1994 Supreme(All) 30

SUDHIR NARAIN
Jagdish Chandra Chawla – Appellant
Versus
IIIrd Additional District Judge – Respondent


Advocates:
Advocate appeared:
S.K. Garg

JUDGMENT

Sudhir Narain

1. This writ petition is directed against the order dated 9-11-1993 passed by respondent no. I rejecting the application to serve interrogatories on respondent no. 2 to submit reply to those interrogatories.

2. The facts, in brief, are that the petitioner is tenant of a portion of permises No. 16/18, Vivekanand Marg, Allahabad and is carrying on business of sale of bicycles in the name and style of 'Triveni Cycle Company'. The landlady, respondent no. 2, filed application under section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) against the petitioner on the allegation that she was carrying on business in the name and style of 'Roxy Hotel' in the first and second floors of the building in dispute. The aforesaid portion has fallen to the share of other co-sharers under the family settlement and they had applied for the release of the aforesaid portion.

During the pendency of the proceedings, the co-sharers, Rajendra Kumar and Kamal Kumar, filed Case No 139 of 1982 for release of the portion in possession of respondent no. 2. The said application was allowed by the Prescribed Autho



















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