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2013 Supreme(All) 2114

SIBGHAT ULLAH KHAN
Zareena Haider and Others – Appellant
Versus
Special Judge B. C. Act/A. D. J. , Lucknow and Others – Respondent


Advocates:
Counsel for the Petitioner: Wasi Haider, Amrendra Nath Tripathi, Riazul Abbas Rizvi , Syed Muzammil Hasan.
Counsel for the Respondent: C.S.C., H.N.B. Sinha, Lalit Shukla , R.S. Sa.

Sibghat Ullah Khan, J.:—

Heard Sri A.N. Tripathi, learned counsel for landlord-petitioners and Sri H.N.B. Sinha, learned counsel for tenant-respondents.

This writ petition arises out of eviction/release proceedings initiated by the seven landlords petitioners against tenants respondents No.3 to 6 on the ground of bona need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as ''U.P. Act No.13 of 1972') in the form of P.A. Case No.51 of 1987. The Prescribed Authority, Civil Judge, Mohanlal Ganj, Lucknow allowed the release application through order dated 22.01.1990. Against the said judgment and order, tenants respondents filed appeal, number of which has not been mentioned in the certified copy as well as typed copy (Appeal must have been filed in 1990). The title is Prithvi Raj Bhargava and others Vs. Smt. Zareena and others. The appeal was allowed by A.D.J./Special Judge/E.C. Act, Lucknow on 23.05.1990. Order passed by the Prescribed Authority was set aside and release application was dismissed. The said order of the appellate court has been challenged through this writ petition.

Accommodation in dispute is resident





































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