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2021 Supreme(All) 410

VIVEK KUMAR BIRLA
Satyapal Chopra – Appellant
Versus
Additional District Judge – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ravi Anand Agarwal, Shreya Gupta

JUDGMENT :

1. Heard Ms. Shreya Gupta, learned counsel for the petitioner and perused the record.

2. Present petition has been filed challenging the impugned order dated 20.2.2021 passed by the Additional District Judge, Lalitpur (respondent no. 1) in Rent Appeal No. 3 of 2009 (Satyapal Chopra vs. Mahendra Kumar).

3. By the impugned order dated 20.2.2021 amendment application filed under Order 6 Rule 17 CPC filed by the landlord at the appellate stage was allowed by the lower appellate court after noticing the fact that the amendment in pleadings by substituting the paragraphs and adding the grounds in release application was permitted by this Court vide order dated 13.8.2018 passed in Writ -A No. 535 of 2018 (Shri Satypal Chopra vs. Shri Mahendra Kumar), however, since the amendment was being sought after a delay, therefore, the same was allowed by imposing cost of Rs. 1,000/-.

4. The release application was allowed by the prescribed authority on the ground of bona fide need of the landlord for opening a gift-item Shop. The appeal filed by the tenant was dismissed. The writ petition being Writ-A No. 534 of 2018 filed by the tenant was entertained and interim order was granted vide orde

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