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2021 Supreme(All) 1695

SIDDHARTH
Anil Kumar Agrawal – Appellant
Versus
Saurabh Jain – Respondent


Advocates Appeared:
For the Petitioner: Manish Tandon.
For the Respondent: Manas Bhargava.

JUDGMENT :

Siddharth, J.

Heard Sri Manish Tandon, learned counsel for the petitioner and Sri Manas Bhargava, learned counsel for the respondent No. 1.

2. This petition has been filed under Article 227 of the Constitution of India praying for setting aside the judgement and order dated 8.4.2021 passed by Additional District Judge, Court No. 19, Kanpur Nagar, in Rent Revision No. 40/2015 (Anil Kumar Agrawal v. Saurabh Jain and another) and also the orders dated 29.12.2014 and 16.9.2015 passed by Rent Control and Eviction Officer/City Magistrate, Kanpur Nagar in Case No. 16 of 2012 (Guru Prasad Tiwari v. Arun Kumar Agrawal).

3. The facts of the case are that respondent No. 1, Saurabh Jain, filed a release application against one Arun Kumar Agrawal, stating that he is the owner of the Shop No. 26/34, Birhana Road, Kanpur Nagar and Arun Kumar Agrawal is the tenant of the shop on the rent of Rs. 726/- per month and carrying out the business of homeopathic medical store and P.C.O. The aforesaid house is about 60 years old and the provisions of TheUttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Uttar Pradesh Act No. 13 of 1972') a

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