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2020 Supreme(All) 738

VIVEK KUMAR BIRLA
Leela Devi – Appellant
Versus
Ramchandra Prasad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Abhishek Kumar
For the Respondent: Ravindra Nath Chaubey, Rajni Ojha, Ravindra Nath Chaubey

JUDGMENT :

1. Heard Sri Abhishek Kumar, learned counsel for the petitioner-tenant and Ms. Rajni Ojha, learned counsel for the respondents-landlord and perused the record.

2. Present petition has been filed challenging the judgment and order dated 31.1.2020 passed by the Additional Sessions Judge, Ballia in Civil Misc. Case No. 205 of 2017 under Section 24 of the UP Act No. 13 of 1972 (Leela Devi vs. Ramchandra Prasad and others).

3. The admitted facts, shorn of details, are that in regard to the property in dispute a release application was filed by the respondents-landlord under Section 21(1)(a) of the UP Act 13 of 1972, which was contested by the petitioner-tenant herein upto the Hon'ble Apex Court without success and thereafter, in execution proceedings the possession of the property in question was handed over to the landlord.

4. It is submitted that after the possession was taken over by the landlord, property in question was demolished and even that property has been transferred to a third person whereas a litigation in respect of ownership of the property is pending between the parties. Therefore, after the execution proceedings were finalized, the petitioner-tenant moved an app

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