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1957 Supreme(All) 403

GOPALJI MEHROTRA
Ram Gopal Bhatnagar – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
Gyanendra Kumar, For the Appellant /

JUDGMENT

Gopalji Mehrotra, J. - The Petitioner has claimed a writ of certiorari quashing the orders of the Rent Control and Eviction Officer Kanpur dated 12-5-1954 and 16-6-1954 and that of the State Government dated 31-1-1956.

2. The opposite party No. 4 is the landlord of the disputed premises in the city of Kanpur. The Petitioner states that he took the house on rent from opposite party No. 4 in the year 1939 and has been living in this house with his two sons Avadh Gopal and Raj Gopal and a number of other members of his family. As the Petitioner is an old and retired man the work of the family was mostly done by his eldest son Avadh Gopal Bhatnagar. The rent was also paid by him on behalf of the joint family, and the receipts were obtained in his name. The left wing of the house was in the occupation of Avadh Gopal and the rest of it was occupied by the applicant and other members of his family. Some domestic trouble arose between the father and the eldest son and Avadh Gopal Bhatnagar left Kanpur with his family. On 30-4-1954 due to the family dispute. Avadh Gopal sent a telegram to the landlord saying that he had vacated the premises in question. On the l0th of May, 1954 the S

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