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2006 Supreme(All) 3349

RAKESH SHARMA
Sarju Prasad – Appellant
Versus
Viiith Additional District Judge – Respondent


JUDGMENT :

Rakesh Sharma, J.

Heard Sri D.C. Jain holding brief of Sri H.S. Sahai, learned senior advocate appearing for the petitioner-tenant and Sri I.D. Shukla, holding brief of Sri S.K. Mehrotra, learned Counsel for the respondent-landlady.

2. The petitioner has assailed the two orders, one passed by the prescribed authority/Munsif, Sadar, Faizabad on 28.4.1995 by which the application of the landlady filed u/s 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (Act XIII of 1972), hereinafter referred to as the Act, has been allowed and the other, order dated 19.3.1999, passed by the appellate authority, i.e., VII It h Additional District Judge, Faizabad, by which the appeal filed by the petitioner has been dismissed. The petitioner was directed to hand over peaceful possession of the shop in question to the respondent landlady within one month. Both the learned courts below have recorded concurrent findings of facts on the points of bona fide need and comparative hardship in favour of the landlady.

3. It emerges from record that a shop situate at Mohalla Fatehganj, city Faizabad was let out by the landlady to the father of the present petitione



























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