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1989 Supreme(All) 667

R.P.SINGH
Om Prakash – Appellant
Versus
Ii Additional District Judge – Respondent


Advocates Appeared:
For the Appellant : Prakash Krishna and Radha Krishna
For the Respondent: V.P. Varshney

JUDGMENT :

R.P. Singh, J.

By means of this writ petition the Petitioner has challenged the order passed by Respondents 1 and 2 allowing the application of the landlord for the release of the disputed accommodation, house situate in Mohalla Kasdi Tola, Peer Gaib, Moradabad in proceedings u/s 21(1)(a) of U.P. Act XIII of 1972.

2. The facts of the case briefly are that the Petitioners are the tenants of the disputed accommodation of which the Respondent No. 3 is the landlord. The landlord purchased the disputed accommodation on 6th October 1978 and moved the present application for the release of the disputed accommodation on the ground that he is living in a tenanted house paying a rent of Rs. 375/- per month in a two room accommodation and there are seven members in the family of the landlord including his wife, three sons and one daughter all grown up and adult and also a married daughter is normally residing with him. The two room accommodation in which the landlord is living as tenant is wholly insufficient for their residence and moreover, they have to pay a high rent of Rs. 375/- per month which the landlord cannot easily afford to pay and hence the need for the disputed accommoda








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