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2018 Supreme(All) 2130

MANOJ KUMAR GUPTA
LAKSHMI TRADERS AKBARPUR MANDI – Appellant
Versus
NAVIN RASTOGI – Respondent


Advocates:
Counsel :
Kshitij Shailendra for the Petitioners; Dharm Vir Jaiswal, Harsh Vikram and Virendra Chaubey for the Respondents.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—The instant writ petition seeks to question the validity of an order dated 17.9.2009 passed by Additional District Judge, Court No. 4 Moradabad in Rent Control Appeal No. 3 of 2008. By the said judgement, the appellate Court has allowed the appeal filed under Section 22 of the U.P. Act No. 13 of 1972 (for short ‘’the Act’) by Navin Chandra, the respondent/landlord and has ordered the eviction of the petitioners within a period of one month.

2. The proceedings arises out of a release application filed by the respondents/landlords (for short ‘’the landlords’) under Section 21(1)(a) of the Act against the petitioners alleging that a shop situated at Bazar Akbarpur Mandi, Tehsil Sambhal, District Moradabad was in tenancy of Harish Chandra (petitioner No. 2), on basis of a written rent note executed between him and their predecessor-in-interest, from whom they had purchased the shop. The information relating to purchase of the shop by sale-deed dated 4.7.1986 was duly furnished to petitioner No. 2, Harish Chandra by notice dated 3.1.1987. Petitioner No. 2 has taken up a job in the office of District Supply Officer and had handed over possession of t











































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