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2019 Supreme(All) 403

IRSHAD ALI
Hanuman Prasad Mishra – Appellant
Versus
Addl Dist Judge Court No 4 Lucknow – Respondent


Advocates Appeared:
Apoorva Tewari, Adv., Prashast Puri, Adv., S.N. Bhanu, Adv., Anurag Srivastava, Adv., Kabir Ahmad Khan, Adv.

JUDGMENT :

Irshad Ali, J.

Heard Sri Anil Tiwari, learned Senior Counsel assisted by Sri Apoorva Tewari, learned counsel for the petitioner and Sri Anurag Srivastava, learned counsel for respondent No.3.

2. The petitioner has filed the present writ petition under Article 227 of the Constitution of India for setting aside the order dated 14.03.2019 passed in Rent Appeal No.6 of 2014.

3. Brief fact of the case is that the petitioner's grand father late Sri Madan Manohar Mishra was inducted as tenant by M/S Jai Narayan Mishra Charitable and Educational Trust. The tenancy, thereafter, developed upon the father of the petitioner late Sri Dinesh Kumar Mishra. The respondent No.3 purchased the shop in question from Dr. R.N. Mishra, Dr. D.N. Mishra, Lt. Col. J. Mishra and Sri V.N. Mishra, who executed the sale deed alleging themselves to be trustees of the trust. The sale deed was registered on 25.01.2000. The father of the petitioner died and the tenancy of the shop in question devolved upon the petitioner.

4. The respondent No.3 filed an application for release of the shop in question under Section 21 of the Act No.13 of 1972, which was registered as P.A. Case No.67 of 2012; Chandra Mohan Purs































































































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