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2015 Supreme(All) 3736

ADITYA NATH MITTAL
Bhanu Prakash Chaturvedi – Appellant
Versus
Jairani – Respondent


Advocates Appeared:
For the Petitioner:- Sudeep Seth
For the Respondent:- Manish Kumar,Abhishek Dhaon,Sidharth Dhaon

JUDGMENT

Aditya Nath Mittal, J.

Heard Shri Sudeep Seth, learned counsel for the petitioner and Shri Siddharth Dhaon, learned counsel appearing for the opposite parties and perused the record.

2. This writ petition has been filed under Article 226 of the Constitution of India with the prayer in the nature of certiorari for quashing the impugned judgment and order dated 26.04.2013, passed by the Court of Additional District Judge, Court No.1, Hardoi in Rent Appeal No.1 of 2004 as well as the judgment and order dated 07.04.2004, passed in P.A. Case No.02 of 1985.

3. The brief facts of the case are that Smt. Ganga Devi along with her sons filed an application under Section 21 of the U.P. Act No.13 of 1972 for release of the shop in question. It was alleged that the applicants have purchased the house from Hemraj Shivni vide sale deed dated 09.12.1977 in which the shop is also situated and Hemraj Shivni had purchased the plot of the land from Sri Syed Ejaz Rasool vide sale deed dated 03.05.1954. Lalta Prasad Chaturvedi was the tenant of Hemraj Shivni at the rate of Rs.80/- per month, in which the shop in the name and style of Prakash Gun House was carried out. After the death of Lalta Pr


































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