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1995 Supreme(All) 831

R.H.ZAIDI
Mohd Ibrahim Ansari – Appellant
Versus
D J Orai – Respondent


Advocates:
Advocate Appeared
H.M.Srivastava, R.P.Tiwari,

Judgment

(1.) R. H. Zaidi, J. Petitioner, who happens to be tenant of the shop described as Godam, Ahata and Gaddi No. 2, (hereinafter referred to as shop in dispute) situated in Mohalla Turnerganj, town Kalpi, district Jalaun, filed the present petition under Article 286 of the Constitution of India challenging the validity of the order passed by the District Judge, Jalaun at Orai, dated 12-5-1989 acting as appellate authority, under Section 22 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction; Act, 1972, (U. P. Act No. XIII of 1972), (hereinafter referred to as the Act), allowing the appeal filed by respondent No. 2 and releasing the shop in dispute in his favour.

(2.) THE brief facts, which are relevant for the present case, are that the respondent No. 2 filed an application under Section 21 (1) (a) of the Act for release of the shop in dispute including some vacant piece of land. It has been stated that the petitioner has been occupying the shop in dispute as a tenant at monthly rent of Rs. 37. He claimed that he had no son, his wife had already died and two daughters as were already married, one at Kanpur and other married with Dr. S. K. Misra, who was not

































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