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2007 Supreme(All) 3179

PRAKASH KRISHNA
Rameshwar Prasad Tandon – Appellant
Versus
XIth A. D. J – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Some Narain Mishra and S.K. Mehrotra
For the Respondent: Atul Dayal and S.C

JUDGMENT :

PRAKASH KRISHNA, J.

1. This writ petition is directed against the judgment and order dated 22nd of December, 1995, passed by the IXth Additional District Judge, Kanpur Nagar in Rent Appeal No. 239 of 1991, whereby it has allowed the appeal filed by the landlord u/s 22 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 and allowed the release application filed u/s 21(1)(a) thereof in respect of a one room accommodation and a Chabutara on ground floor of property No. F-36, Shanti Nagar, P. S. Rail Bazar Chhaoni, Kanpur.

2. The landlady, Respondent No. 2, herein filed a release application numbered as Case No. 43 of 1994, against her tenant Petitioner herein on the allegations that she has purchased the disputed property by means of a registered sale deed dated 5th of February, 1981 for her own residence and the residence of her family members. The tenant is utilizing the disputed accommodation for the purposes of parking his cycle as he is residing alongwith his family members in the adjoining accommodation being Municipal No. F-37, Shanti Nagar on the first floor alongwith his son and daughter. The husband of landlady is an M.B.B.S. doctor whose




















































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