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2006 Supreme(All) 3403

S.U.KHAN
Jai Narain Khanna – Appellant
Versus
IInd A. D. J. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Raj Kumar Khanna, A.B. Saran, Surendra Pratap Singh and S.D.N. Singh, adv
For the Respondent: A.N. Tripathi, P.N. Roy, Kshitij Shailendra, Rama Goel and S.C., adv

JUDGMENT :

S.U. Khan, J.

This is tenant's writ petition arising out of eviction/release proceedings initiated by original landlord Respondent No. 3, Kashmiri Lal, since deceased and survived by legal representatives, on the ground of bona fide need u/s 21 of U. P. Act No. 13 of 1972 in the form of P.A. Case No. 70 of 1986 on the file of Prescribed Authority/Munsif, Moradabad.

2. The property in dispute is a shop situate at Station Road, Moradabad rent of which is Rs. 100 per month. Landlord pleaded that he required the shop in dispute for settling his son Shyam Sunder (now Respondent No. 3/2) in business. Landlord further stated that he was carrying on business in a shop owned by him, however, his son Shyam Sunder was not interested in the said business and he intended to settle him in an independent business. The tenant pleaded that landlord owned some other shops also. However, according to the landlord the said shops were already in tenancy occupation of other tenants. Amin was directed by the Prescribed Authority to inspect the shop in dispute. Amin reported that at the time of his inspection there were no substantial goods and merchandise in the shop in dispute. The Prescribed Au





















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