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2012 Supreme(All) 1731

SUDHIR AGARWAL
Lala Ram Narain – Appellant
Versus
Xth Additional District Judge, Moradabad and Others – Respondent


Sudhir Narain Agarwal, J.N. Singh, Anil Shukla, N.K. Srivastava, Neeraj. Agarwal, U.S.M.Tripathi, Advocates, for the petitioner
Uma Nath Pandey, A.K.Sand, C.S.C., for the respondents.

Hon'ble Sudhir Agarwal, J.

1. Writ petition is directed against the order dated 6.5.1991 (Annexure 14 to writ petition) whereby the Appellate Court, while allowing appeal of tenant, has set aside order passed by Prescribed Authority releasing accommodation in question in favour of landlord The appellate Court has dismissed the application.

2. Sri U.S.M. Tripathi Advocate, appearing for petitioner submitted that the impugned order contains several findings which are perverse. However, despite repeated query, he could not show any such perversity. In fact he drew my attention to page 104 of writ petition to show that the finding that landlord has not vacated earlier shop which was in his tenancy and owned by one Radhey Lal. He also referred to Annexure XIII-B to writ petition at page 86 which is said to be a letter written by Sri Radhey Lal. However, when further inquired he admitted that this document though filed before the Court below as evidence but was not exhibited since it was not proved before the Court below. That being so, the document having not been exhibited before Court below is not an admissible evidence and therefore reliance placed thereon in this writ petition is thor





















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