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2012 Supreme(All) 2160

SUDHIR AGARWAL
Shanker Lal Agarwal – Appellant
Versus
D. J. , Aligarh and Others – Respondent


Advocates:
Counsel for the Petitioner: M.K. Gupta, M.D. Singh Shekhar, S.C. Pandey , Swapnil Kumar.
Counsel for the Respondent: S.C., A.K. Gupta , D.R. Sharma.

Sudhir Agarwal, J.;—

1. Heard Sri M.D.Singh 'Shekhar' learned Senior Advocate, assisted by Sri S.C.Pandey, learned counsel for the petitioner, Sri Divakar Rai Sharma, learned counsel for the respondents No.2 and 3 and perused the record.

2. The petitioner Shanker Lal Agarwal own the building in question namely the shop having purchased the same in November, 1991. He filed an application under Section 21(1)(a) of Act, 1972 (registered as U.P.U.B. Case No.5 of 1992), for release of the said building which is under the tenancy of respondents No.2 and 3. The application was allowed by Prescribed Authority vide order dated 4th January, 1997 whereagainst respondents No.2 and 3 filed appeal i.e. U.P.U.B. Appeal No.3 of 1997. The appeal was allowed vide judgment dated 9th April, 1999 and Prescribed Authority's order dated 4th January, 1997 was set aside by Appellate Court i.e. District Judge, Aligarh. It is this judgment which has caused the petitioner-landlord to approach this Court under Article 226/227 by filing the present writ petition assailing the aforesaid appellate order.

3. The respondent no.3 is said to be proprietor of firm M/s New Everlite Electrical Works which is running in the























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