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2015 Supreme(All) 2475

MAHENDRA DAYAL
Kanta – Appellant
Versus
Additional District Judge Lko. – Respondent


Advocates Appeared:
For the Petitioner:- Mohd Sahdab Khan,Mohiuddin Khan
For the Respondent:- C.S.C.,A.R.Khan

JUDGMENT

Mahendra Dayal,J.

1. This is tenants' writ petition, assailing the judgment and order dated 22.5.2006, passed by the Prescribed Authority, 1st Additional Civil Judge (Senior Division), Court No.20, Lucknow, whereby the release application of the opposite party no.3 was allowed and the judgement and order dated 12.5.2008, passed by the Additional District Judge, Court No.15, Lucknow, whereby the Rent Appeal No. 10 of 2006, preferred against the order of the Prescribed Authority, was dismissed.

2. The opposite party no.3 sought release of a three door shop situated on the ground floor together with the room on 1st floor house at Dr. B.N. Verma Road, Lucknow, being part of building no. 173/63 & 51. It was alleged that Sewa Ram was the tenant in aforesaid shop on a monthly rent of Rs. 35/-. The shop in the tenancy of Sewa Ram has been locked since 1996 and he has seized to carry on his business from the said shop. It was further alleged that the tenant Sewa Ram was intending to sublet the shop to some other person. The landlord further pleaded that Sewa Ram had started his business at Booth Nath Market, Indira Nagar, Lucknow in the name of "Asrani Store". According to the landlor










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