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2022 Supreme(All) 660

Fatima – Appellant
Versus
Shahana Siddiqui – Respondent


Advocates Appeared:
For the Petitioner: Bahar Ali, R.D. Shahi.
For the Respondent: C.S.C., A.Z. Siddiqui, Mohak Srivastava, Rajiv Raman Srivastava, Shakeel Ahmad Jamal, Uma Shankar Sahai.

JUDGMENT :

1. This petition under Article 227 of the Constitution has been preferred by the tenant, challenging an order dated 10.08.2018 passed by the Prescribed Authority under The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No.13 of 1972) (for short, 'the Act'), whereby her application under Section 28 of the Act has been rejected.

2. The petitioner, Smt. Fatima is a tenant in a shop situate in Churi Wali Gali, Mohalla Tansenganj, Pargana Khairabad, Tehsil and District Sitapur. Smt. Fatima shall hereinafter be called 'the tenant'. The original tenant in the shop was the tenant's husband and after his death, she has inherited the tenancy, where she claims to have a shop selling bangles. The landlady of the shop is Smt. Shahana Siddiqui, to whom the tenant pays rent at the rate of Rs.550/- per month. The current tenancy is there since the time of the former landlord, Kamal Ahmad Siddiqui. It is claimed on behalf of the tenant that the shop to the east of the demised shop collapsed during the rainy season of 2016, on account of which the eastern wall of the demised shop and a part of the lintel in the roof need repairs. The tenant has

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