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1998 Supreme(All) 1437

S.N.AGGARWAL
Kuldeep Kumar – Appellant
Versus
IXth Additional District Judge Moradabad – Respondent


Advocates:
Advocate Appeared:
A.K. Yog, Rajesh Tandon

Judgment

Sudhir Narain, J.

1. This writ petition is directed against the order dated 20-7-1995 passed by respondent No. 1 allowing the appeal and releasing the disputed shop in favour of the landlord-respondent No. 2.

2. The facts, in brief, are that respondent No. 2 is landlord of the shop in question of which the petitioner is tenant. The property in dispute was purchased on 19-12-1983 in the name of respondent No. 2 when he was minor. He became major in the year 1987. On 5-8-1991 a notice was given to the petitioner to vacate the disputed shop as it was needed for respondent No. 2 to carry on the business. The petitioner did not vacate the shop in question. On 16-2-1992 respondent No. 2 filed application under Section 21 (l) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (In short the Act) with the allegation that the disputed shop was required by respondent No. 2 for carrying on business. He was aged about 23 years and had no shop to carry on the business. It was purchased by father of respondent No. 2 in the year 1983 when he was minor with the expectation that when he will become major, he will get the shop in question to carry on the business.







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