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2013 Supreme(All) 22

SUDHIR AGARWAL
Prakash Chandra & Others – Appellant
Versus
XIInd A. D. J. & Another – Respondent


S.C. Pandey, Advocate, for the petitioner
C.S.C., M.K. Gupta, M.P. Singh, Advocates, for the respondents.

Sudhir Agarwal, J.—

1. Heard Sri S.C. Pandey, learned counsel for petitioners and perused the record.

2. Petitioners' father filed an application for release of accommodation in question i.e. Hosue No. 13/39 situated in Bara Bazar, Aligarh on the ground of personal need under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972"). Prescribed Authority allowed the application vide judgment and order dated 28.7.2000 but the same has been reversed by Appellate Court in respondent-tenant's appeal no. 6 of 2000 decided vide judgment dated 22.1.2002.

3. While reversing the findings on the question of personal need whether genuine or bona fide and taking an otherwise view, Appellate Court has said as under:

@ Hindi @

"Shri Ramesh Chandra Gupta has been impleaded as Applicant no. 4. Shri Ramesh Chandra Gupta has not filed any affidavit of his own before the court in respect of bona fide need of the building in question. As regards Shri Ramesh Chandra Gupta, the respondent has stated in para 16 of his affidavit 33-C that Shri Ramesh Chandra Gupta is a lecturer at H.B. Inter College and he looks after his electrical



























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