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2015 Supreme(All) 1580

SUNITA AGARWAL
SHABBIR AHMED – Appellant
Versus
SYED MOHAMMAD ALI AHMED KABIR – Respondent


Advocates:
Counsel :
Manish Kumar Nigam for the Petitioner; H.P. Mishra for the Respondent.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard Sri Manish Kumar Nigam, learned counsel for the petitioner and Sri H.P. Mishra, Advocate appearing for the respondent.

2. This writ petition is directed against the orders of release passed by the Courts below on the bona fide need of the landlord for the accommodation in question. The comparative hardship also found to be tilted in favour of the landlord.

3. Challenging the orders impugned, the sole contention of the learned counsel for the petitioner is that since the release application was filed by one of the co-owner and the consent of other co-owner of the said accommodation has not been taken, and hence it was not maintainable. Elaborating this submission, learned counsel for the petitioner contends that the accommodation in dispute was let-out to the father of the petitioner by Syed Mohammad Ali Ahmed Kabir, the father of the respondent-landlord and his brother Syed Mohommad Ali Qadir. An agreement of sale was executed by the uncle of the landlord namely Syed Mohammad Ali Qadir for a portion of the premises in dispute. The sale-deed was not executed and hence Original Suit No. 425 of 1991 for specific performance of the agreemen






















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