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2000 Supreme(All) 1475

J.C.GUPTA
Inayat Elahi – Appellant
Versus
VIIIth Additional District Judge Kanpur Nagar – Respondent


Judgment

J.C. Gupta, J.

(1) This is a review petition on behalf of the tenant.

(2) Tenant Inayat Elahi filed writ Petition No. 32389 of 1999 before this Court challenging the orders of the Prescribed Authority and the Appellate Authority dated 8.9.1997 and 25.5.1999 respectively, whereby eviction of petitioner was ordered from the shop in question. After hearing parties counsel the said writ petition was dismissed in limine by the Court by the order dated 4.8.1999 and petitioner was al lowed six months period to vacate the premises on certain conditions. It further appears that instead of complying with the undertaking given before this Court, the petitioner filed Special Leave Petition No. 17376 of 1999 before the Hon'ble Supreme Court. The said Special Leave Petition was decided by the Apex Court by the order dated 3.1.2000. The said order is reproduced below:-

"We have seen the affidavit filed by Shri Kabirul Haq, son-in-law of the petitioner who has said that the counsel for the petitioners pressed the points before the High Court and urged that the matter may be remanded to the Additional District Judge's Court, but the High Court decided the case without adverting to these su























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