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2016 Supreme(All) 3035

ANIL KUMAR
Oudhesh Narain – Appellant
Versus
Additional District and Session Judge Lucknow – Respondent


Advocates Appeared:
For the Petitioner:- Dipak Seth,U.S.Sahai
For the Respondent:- C.S.C.,Manoj Kumar Mishra,Pankaj Kumar Tewari,Rakesh Kumar Upadhyay,Shaquiel Ahmad,Syed Ali Rehan

JUDGMENT

Anil Kumar,J.

Heard Sri Dipak Seth, learned counsel for the petitioner, Sri Manoj Kumar Mishra, learned counsel for respondent/ Landlords.

2. Facts, in brief , of the present case are that respondents no. 2 to 7 /landlords/ landladies have moved an application for release of the shop numbered as premises no. 10, Faizabad Road , Daliganj, P.S. Hasanganj, Lucknow under Section 21(1) (a) of the Uttar Pradesh Urban Building (Regulation of Letting Rent and Eviction) Act (Act No. XIII of 1972), registered as P.A. Case no. 86 of 1983 before the prescribed authority/ Civil Judge Malihabad, Lucknow. Petitioner, who is tenant in the said shop, filed his written statement. By order dated 19.12.1987, prescribed authority after taking into consideration the material on record, rejected the application for release holding therein that the premises was not bonafidely required for running the hotel business by Mohd Aris Khan in respect to whom the need has been set up in the release application and also held that the tenant is a reputed and established doctor, who will suffer great hardship.

3. Aggrieved by the said order, respondents preferred an appeal, appellate authority vide order dat







































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