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2022 Supreme(All) 1267

J. J. MUNIR
Awadesh Kumar – Appellant
Versus
Rameshawar Dayal (since deceased) – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.N. Agarwal.
For the Respondent:Mr. Atul Dayal, Senior Advocate assisted by Mr. Ayush Khanna.

JUDGMENT :

This is a tenants' writ petition assailing an order of 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') passed concurrently by the two Authorities below.

2. An application for the release of a shop, situate in Mohalla Lajpat Nagar, Bazar Manik Chowk, Konch, District Jalaun, was moved by Rameshwar Dayal son of Sri Munga Lal before the Prescribed Authority/ Civil Judge (Jr. Div.), Konch, District Jalaun against the three tenant-petitioners, Awadesh Kumar, Jitendra Kumar and Mukesh Kumar, all sons of the late Balram Soni. The boundaries of the shop aforesaid are detailed at the foot of the release application, instituted before the Prescribed Authority. This shop shall hereinafter be referred to as ''the demised shop'.

3. The application for release under Section 21(1)(a) of the Act was moved by Rameshwar Dayal against the three tenant-petitioners on the ground of his bona fide need, which shall hereinafter be detailed.

4. Pending proceedings before the Appellate Authority, Rameshwar Dayal died and was substituted by his heirs and LRs, who are landlord-respo

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