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2012 Supreme(All) 2674

SIBGHAT ULLAH KHAN
Satish Kumar & Another – Appellant
Versus
Prescribed Authority/Judge Small Causes Court & Another – Respondent


Advocates:
Ashish Agrawal, Advocate, for the petitioner
Lalit Kumar, Advocate, for the respondents

Sibghat Ullah Khan, J.—

Heard learned counsel for both the parties.

2. First writ petition has been filed by Satish Kumar and Santosh Kumar and the second writ petition has been filed by Satish Kumar and the contesting respondent in both the writ petition is Anupam Narayan Malhotra the landlord.

3. Through first writ petition order dated 18. 1. 2012 passed by Prescribed author-ity/J. S. C. C. Moradabad in P. A. case no. 23 of 2004 Anupam Narayan Vs. Satish Kumar and another has been challenged. The said case is a release application filed by respondent landlord Anupam Narayan against tenants petitioners for eviction/release on the ground of bonafide need under Section 21 of U. P. Act no. 13 of 1972. Through the second writ petition order dated 31. 1. 2012 passed by the same authority in the same case has been challenged. It has been stated by the petitioners that property in dispute comprised of two shops one of which is in tenancy occupation of Satish Kumar and the other in tenancy occupation of Santosh Singh. In the release applica#31;tion also the same thing was stated. In the release application Satish Kumar is O. P. No. 1, Santosh Singh O. P. No. 3 and it has been stated that one











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