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2016 Supreme(All) 4066

ANJANI KUMAR MISHRA
Abdul Waheed – Appellant
Versus
Nafisa Begum – Respondent


Advocates Appeared:
For the Petitioner: Shamim Ahmad,M.A. Qadeer
For the Respondent: Sanjay Agrawal,B.N. Agarwal

JUDGMENT

Anjani Kumar Mishra, J. -- Heard Shri M.A. Qadeer, learned Senior Advocate for the petitioner and Shri B.N. Agarwal, learned counsel for the respondent.

2. The instant writ petition arises out of a release application under Section 21 (1) (a) of U.P. Act No. 13 of 1972 filed by the opposite party.

3. This release was sought of two shops on the second and third floor with a stair case in the tenancy of the petitioner. The release application was allowed by the Prescribed Authority on 20.02.2015 and the consequential appeal has been dismissed vide order dated 30.09.2016. Hence this writ petition challenging the aforesaid two orders.

4. The facts of the case briefly stated are that the land lady purchased the building, wherein the shop in dispute is situated on 21.01.2012. It is held that a six months notice was served upon the petitioner and, thereafter, the release application was filed. In paragraph 4 of the release application, it has been specifically averred that the land lady has three sons, namely Riaz Ahmad, Ayaz Ahmad and Irshad Ahmad. The shop in issue is required for the benefit and personal need of Riaz, aged about 45 years, a graduate and having four children.

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