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1995 Supreme(All) 1237

S.N.AGGARWAL
Brij Nandan Sahai Hajela – Appellant
Versus
IIIrd Addl D J Shahjahanpur – Respondent


Advocates appeared:
Ramendra Asthana, S.K. Mehrotra,

Judgment :

SUDHIR Narain, J.

1. The petitioner has challenged the order of the prescribed Authority dated 20.10.1993 whereby he allowed the release application filed by the landlord-respondent No. 3 under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short "the Act") and the order dated 20.5.1995 affirming the said order in revision passed by respondent No. 1.

2. THE facts, in brief, are that respondent No. 3 is landlord of House No. 302, Mohalla Sadar Bazar, Shahjahanpur. THE petitioner is tenant 6fsr portion of this house consisting of two rooms, kitchen, latrine and bath. Respondent No. 3 filed an application for release under Section 21 (1) (a) of the Act on the ground that he retired in July 1981 from the post of P. A. in the Aligarh Muslim University. He is residing in a rented house after his retirement at Aligarh. There was a partition in his family and he got eastern portion of House No. 302, Mohalla Sadar Bazar, Shahjahanpur. He wants to live in the disputed house. He has married his four daughters and his fifth daughter, who is mentally retarded, is permanently living within them.

The petitioner constested the applic












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