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2002 Supreme(All) 970

S.P.MEHROTRA
Govardhan Das Agarwal – Appellant
Versus
Vth Addl District Judge Jhansi – Respondent


Advocates Appeared:
Bhagwat Narain Agrawal, Hari Om, Sharad Malviya, Sridhar,

JUDGMENT

1. S. P. Mehrotra, J. This writ petition has been filed under Article 226 of the Constitution of India. inter- alia, seeking quashing of the judgment and order dated 9-7-1985 (Annexure-9 to the writ petition) passed by the learned Vth Additional District Judge, Jhansi Respondent No. 1) and the judgment and order, dated 25-8-1985 (Annexure No. 7 to the writ petition) passed by the learned Prescribed Authority. Jhansi (Respondent No. 2).

2. The dispute relates to a shop, namely Shop No. 385, situate at Chamanganj. Sipri Bazar. Jhansi. The said shop has hereinafter been referred to "the disputed shop".

It appears that the Respondent No. 3 filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short "the Act") for the release of the disputed shop against Dr. Govardhan Das Agarwal, the original petitioner in the writ petition. The said release application was registered as Release Case No. 80 of 1982.

3. It was, inter alia, alleged by the Respondent No. 3 in the release application that the Respondent No. 3 was the owner of the disputed shop, and the said Dr. Govardhan Das Agarwal was the tenant under the Respondent No. 3 at a monthly rent of



























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