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2021 Supreme(All) 856

VIVEK CHAUDHARY
Mahtab Husain – Appellant
Versus
IIIrd Addl. Dist. Judge Kheri – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mohammad Aslam Khan
For the Respondent: Upendra Kumar, S.Saxena

JUDGMENT :

1. Present writ petition is filed by the petitioner-tenant against the judgment and order dated 20.8.2014 passed by the Prescribed Authority as well as order dated 3.1.2019 passed by the appellate authority, whereby the release application of respondent no.3-landlord is allowed and the order dated 20.8.2014 is affirmed.

2. The dispute is with regard to a shop under tenancy of the petitioner for which, a release application was filed by respondent no.3-landlord, claiming that both his sons are not having any job and are at the age of marriage, therefore, in the said shop, he intends to engage his sons for carrying on business of computer, mobile phones and other related equipment and materials.

3. Both the courts below have found the need of respondent no.3-landlord bona fide and genuine and directed for eviction of the petitioner from the shop.

4. I have heard for the petitioner Sri Mohd. Arif Khan, learned Senior Advocate, assisted by Sri Mohd. Aslam Khan and for respondent no.3, Sri Samarth Saxena, learned Advocate and perused the record.

5. The first submission, challenging the impugned orders, raised by learned Senior counsel for the petitioner, is that before moving of a

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