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2021 Supreme(All) 457

RAJIV JOSHI
Krishna Kumar Maheshwari – Appellant
Versus
Asha Gupta – Respondent


Advocates Appeared:
For the Petitioner: Ayush Khanna.
For the Respondent: Satya Dheer Singh Jadaun, Arvind Srivastava, Shreya Gupta.

JUDGMENT :

1. Heard Sri Atul Dayal, learned Senior Advocate assisted by Sri Ayush Khanna, learned counsel for the petitioner and Ms. Shreya Gupta, learned counsel for the respondents.

2. Aggrieved by the judgment and order dated 4.3.2020 passed by the Additional District Judge Court No.22 Kanpur Nagar dismissing the Rent Appeal No. 96 of 2011 and affirming the order of the Prescribed Authority, Kanpur Nagar dated 31.5.2011 passed in P.A. Case No. 6 of 2010 (Smt. Asha Gutpa Vs. Krishna Kumar Maheshwari), the tenant-petitioner has preferred the present petition under Article 226 of the Constitution.

FACTS

3. Briefly stated the relevant facts as reflected from the record are that the shop in question at premises no. 53/7 (new no. 53/19) Nayaganj, Kanpur, is under the tenancy of the tenant-petitioner on rent of Rs. 1000 per month. The premises in question is old one and is covered by the provisions of U.P. Urban Building Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act'). The respondent-landlord filed an application on 11.6.2010, before the prescribed authority under Section 21 (1) of the Act setting-up the need of her son namely, Arpit Gupta, for do

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