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2022 Supreme(All) 375

J. J. MUNIR
Ashok Kumar Kesarwani – Appellant
Versus
6th Additional District Judge Court No 5, Allahabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vishal Khandelwal, Prakash Chandra Gupta
For the Respondent: Prem Sagar Verma, Arvind Srivastava, Kunal Shah, Madan Mohan

JUDGMENT :

1. This petition is directed against an order of Mr. Ramesh Chandra, the 8th Additional District Judge, Court No.5, Allahabad passed in Rent Control Appeal No.10 of 2018, dismissing the said appeal and affirming the order of the Prescribed Authority/ Additional Civil Judge (Senior Division), Court No.14, Allahabad, allowing the landlord's application for release under Section 21(1) (a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972), for short “the Act” .

2. An application for release under Section 21(1)(a) of the Act was made by Deepak Tandon and Shekhar Tandon, both sons of the late Manmohan Tandon, seeking release of a part of residential accommodation bearing premises No 18/15, Hastings Road, 1/5 Nyay Marg, Tandon Quarters, Allahabad (now Prayagraj), as detailed at the foot of the application. The aforesaid accommodation, that shall hereinafter be referred to as the property in dispute, is in the tenancy occupation of Ashok Kumar Kesarwani. Kesarwani is a tenant in the property in dispute at a monthly rent of Rs.520/-, besides water tax and house tax. The property in dispute was let out to Kesarwani's

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