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2022 Supreme(All) 55

Naveen Chand Sharma – Appellant
Versus
Ram Babu – Respondent


Advocates Appeared:
For The Petitioner: Rahul Sahai
For The Respondent: B. P. Verma,Bhanu Prakash Verma

JUDGMENT :

J.J. Munir, J.

1. This is a landlord's writ petition assailing an order passed by the Additional District Judge, Court No.2, Mathura dated 16.08.2010, passed in P.A. Appeal No.19 of 2018, partly allowing the tenant's appeal under Section 22 of U.P. Act No. XIII of 1972. By the order impugned, the Additional District Judge, sitting as the Appellate Authority under the Act last mentioned, has set aside the order of the Prescribed Authority dated 04.08.2008, under Section 21(1)(a), but upheld the part, by which release has been granted under Section 21(1)(b) of the Act, subject to the tenant's right of re-entry.

2. The demised premises here is a 200 year-old shop, wherein Ram Babu, the sole original respondent to this petition, was a tenant since the year 1962. He was in occupation of the shop situate at Govardhan Tehsil, Mathura at a monthly rent of Rs.30/-. The shop was part of a larger property owned by the family of the sole petitioner, Naveen Chanda Sharma. Naveen Chanda Sharma received to his exclusive share the shop last mentioned in a partition brought about through Suit No.34 of 1988, Arvind Kumar vs. Naveen Chanda Sharma and others. Besides the aforesaid shop, the la

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