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2010 Supreme(All) 4142

ARUN TANDON
Swantantra Kumar and others – Appellant
Versus
Sacchidanand and others – Respondent


Advocates:
A.K.Gupta, Anand Kumar Srivastava

Arun Tandon, J.:-

Counsel-Anand Kumar Srivastava, Advocate, for the petitioner; A.K. Gupta, Advocate, for the respondents.

This is tenant's writ petition. The landlord respondent no. 1, after purchasing the property in question from one Ram Shanker, made an application for release of the premises for bona fide need under Section 21(1)(a) of U.P. Act No. 13 of 1972, being Case No. 07 of 2007. The Civil Judge (Junior Division), Basti, after considering the pleadings of the parties and evidence brought on record, found that the need of the landlord is bona fide and therefore granted the release application. Not being satisfied with the aforesaid order of the Prescribed Authority, petitioner before this Court file an appeal under Section 22 of the U.P. Act No. 13 of 1972, which was numbered as Appeal No. 32 of 2008.The appeal has been rejected under the order dated 20.08.2010. It is against these two orders that the present writ petition has been filed.

2. On behalf of the petitioner it is contended that an specific objection was raised before the authorities below that notice, as required under Section 21(1)(a) proviso, was never forwarded by the subsequent purchaser/landlord nor was ser










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