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1998 Supreme(All) 1385

S.N.AGGARWAL
Anand Prakash – Appellant
Versus
VI Addl. District Judge Saharanpur – Respondent


Advocates:
Advocate Appeared:
R.B.D. Mishra, Rajesh Tandon, Ravi Kiran Jain

Judgment

Sudhir Narain, J.

1. This writ petition is directed against the order of the Prescribed Authority dated 6-3-1990 releasing the disputed accommodation in favour of the landlord-respondents and the order of the appellate authority-respondent No. 1 dated 16-4-1993 affirming the said order in appeal.

2. The facts, in brief, are that the petitioner is a tenant of shop No. 13/708 Bahalkhana situate on the ground floor of the building situate in Bazar Meergani, Kabari Bazar, Saharanpur. The landlord- respondents filed application under Section 21(l)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (In short the Act) on the allegation that the disputed accommodation is required for running a clinic by Dr. Praveen Kumar son of Hem Chandra, one of the landlords. The first and second floor of the building was got vacated by one Shyam Lal but it is in dilapidated condition and requires repairs etc. The first and second floor will be used for residential, purpose and the accommodation in question which is situate on the ground floor shall be used for clinic purpose by Dr. Praveen Kuftiar. The petitioner, who was impleaded as opposite party No. 2 in the plain







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