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2021 Supreme(All) 51

VIVEK KUMAR BIRLA
Km. Anshu Jain – Appellant
Versus
Suresh Prakash Garg – Respondent


Advocates Appeared:
For the Petitioner: Nagendra Kumar Srivastava.
For the Respondent: Sanjai Srivastava, Ajit Kumar, Vivek Srivastava.

JUDGMENT :

Vivek Kumar Birla, J.

1. Heard Sri Nagendra Kumar Srivastava, learned counsel for the petitioners-tenants and Sri Mohit Kumar along with Sri Mohit Kumar Shukla, learned counsel appearing for the respondents-landlords.

2. Leading petition has been filed challenging the impugned orders dated 1.11.1994 and 16.11.2010 passed by the Prescribed Authority/Judge Small Causes Courts, Bulandshahar.

3. The petitioners herein are the tenants of the shop no. 58, Chowk Bazar, Bulandshahar. Initially the said shop was in the tenancy of grandfather of petitioners late Jugmandar Das Jain. After his death, as per family settlement between the legal heirs of late Jugmandar Das Jain, the shop in question was given to Sri Raj Bahadur Jain by means of inheritance from his father. Thereafter, the respondents-landlords initiated the proceedings under Section 21(1)A of the Act No. 13 of 1972 against Sri Raj Bahadur Jain. In the release application, it was stated that the shop in question is required to fulfill the need of his family and the need of the landlord is bona fide and genuine. Thereaft

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