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2012 Supreme(All) 1625

PANKAJ MITHAL
Rakesh Gupta – Appellant
Versus
Harish Chand Gandhi and Another – Respondent


Advocates:
Counsel for the Petitioner: Divakar Rai Sharma, A. K. Gupta, B. B. Jauhari , Dinesh Misra.
Counsel for the Respondents: V. K. Agarwal, Amit Krishna, Vivek Mishra, B. P. Singh, B. K. Shukla, Ravi Kant , S.C.

Pankaj Mithal, J.—

This is a petition by one of the alleged tenants of a shop arising from proceeding for its release which have been allowed by both the courts below.

Brief Facts and History:

2. The house situate at Subhash Road, Aligarh, the property of three brothers Chatur Mohan Mathur, Pyare Mohan Mathur and Jitendra Mohan Mathur, all sons of late Lalit Mohan Mathur had fallen down. The aforesaid owners leased out the aforesaid property except part of it which comprised of a house bearing Municipal Number 7/236, in favour of Bishan Dayal and Harish Chandra Gandhi for a period of 10 years vide lease deed dated 30.6.1982 @ Rs. 1,800/- per month. In the said lease, the lessors together were described as first party, one of the lessees Bishan Dayal as the second party and the other lessee Harish Chandra Gandhi as the third party. The lease stipulates that the lessees ie., second and third party shall raise constructions on the ground floor according to map annexed at their own cost and expenses and for that purpose they may utilize the debris of the old fallen house. The lessees shall not assign their rights and shall not mortgage, sell or transfer any part or whole of the demised pr


















































































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