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1970 Supreme(All) 201

D. D. SETH
Abdul Rashid – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

D.D. Seth, J. - The revision arises out of proceedings under S. 133, CrPC. The facts are that Mohd. Yunus, opposite party to this revision is the land- lord of a building which is known as Ahata No. 90/65 Iftakarabad in the city of Kanpur. The Ahata is occupied by the applicants who are tenants. Mohd. Yunus filed an application sometime in the middle of August 1967 before the learned Magistrate 1st class Kanpur under S. 133, CrPC, stating therein that he was the owner of the building in dispute and it consisted of 22 quarters and that tenants resided in those quarters and further that the building had become dilapidated and was in a dangerous condition and was likely to fall any moment. He had further stated that he had already moved a number of applications in the Nagar Mahapalika for demolishing the building but the Nagar Mahapalika did not pay any heed to his request and hence the application under S. 133, CrPC.

2. The learned Magistrate called for a police report and the police reported supporting the allegations of the landlord, Mohd. Yunus and the learned Magistrate, being satisfied with the police report, passed a conditional order on September 22, 1967 issuing notic

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