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1996 Supreme(All) 873

R.H.ZAIDI
Gyan Chandra – Appellant
Versus
Addl District Judge Badaun – Respondent


Advocates appeared:
G.P. Mathur, Pradeep Kumar Saxena, Radhey Shyam,

Judgment :

1. R. H. Zaidi, J. Instant petition arises out of the proceedings under Sec. 21 (1) (a) of U. P. Urban Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972, for short 'the Act' and is directed against the order passed by the appellate authority allowing the appeal filed by respondent No. 2 in exercise of power under Sec. 22 of the Act.

2. RELEASE application was filed by the petitioner Gyan Chandra, who has died during the pendency of the present petition and after whose death his heirs and legal representatives were substituted in his place as the petitioners.

In brief, it was pleaded by Gyan Chandra that the shop in dispute was needed for his personal use and occupation as he wanted to settle his son in business. The release application was opposed and contested by respondent No. 2, who denied the allegations made in the release application and pleaded that the need of Gyan Chandra for the shop in dispute was neither genuine nor bonafide.

3. THE Prescribed Authority after hearing the parties and perusing the record of the case, recorded clear and categorical findings on the questions of need and hardship in favour of Gyan Chandra. THE Prescribed Authority ha




























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