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1996 Supreme(All) 1221

S.R.SINGH
Munni Lal Gupta – Appellant
Versus
Seventh Additional District And Sessions Judge Allgarh – Respondent


Advocates:
Advocate appeared:
M.K. Gupta,

Judgment :

S. R. Singh, J.

1. Cynosure of attention in the instant case is the premises bearing Municipal No. 7/142, situate at Subhash Road Aligarh for the release of which Smt. Sarla Gupta, widow of late Daya Shanker Gupta and Sri Sanjai Gupta, son of late Sri Daya Shanker Gupta, instituted proceedings under Section 21 (1) (a) of the U. P. Act (13 of 1972). The need of an unemployed youth namely, Sanjai Gupta, one of the landlords, who had passed his M. A. examination in the year 1986 and having failed to settled himself in some employment or the other, turned to find his niche in the cloth business, proposed to be set up in the shop in question, forms the basis of the application for release of the premises. The prospect of his getting married in no distant future, was assigned as the reason lending urgency to his need for release of the premises in order to enable him to set up his cloth business. The premises in question was alleged to the most ideal one for the cloth business. The need in the circumstances was touted to be the most bona fide, genuine and pressing one. The applicants, as would transpire from the record, proffered an undertaking swearing not to let out the shop








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