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2020 Supreme(All) 640

SARAL SRIVASTAVA
Suneet Kumar – Appellant
Versus
Krishna Kumar Agarwal – Respondent


Advocates Appeared:
For the Petitioner: Divakar Rai Sharma
For the Respondent: Anil Kumar Rai, Pankaj Agarwal, Vishnu Singh

JUDGMENT :

1. Heard Sri Divakar Rai Sharma, learned counsel for the petitioner and Sri Pankaj Agarwal, learned counsel for the respondent.

2. The petitioner-tenant through the present petition has assailed the judgment and order dated 02.11.2018 passed by the Prescribed Authority/Judge Small Causes Court, Aligarh in UPUB Case No.33 of 2012 whereby application of respondent-landlord under Section 21(1)(a) of the U.P. Act No.13 of 1972 (hereinafter referred to as 'Act, 1972') for release of a godown has been allowed, and judgment and order dated 25.10.2019 passed by Additional District Judge, Court No.8, Aligarh dismissing the UPUB Miscellaneous Appeal No.10 of 2018 preferred by the petitioner against the judgment and order dated 2.11.2018.

3. The respondent-landlord (hereinafter referred as 'respondent') has filed release application under Section 21 (1)(a) of the Act, 1972 against the petitioner-tenant (hereinafter referred as 'petitioner') registered as UPUB Case No.33 of 2012 for release of a godown which exists over an area of 72 square yards in the property bearing municipal No.7/3, Patthar Bazar, Shahar Koil, Aligarh. The case of the respondent is that property bearing municipal

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