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2023 Supreme(All) 1705

ALOK MATHUR
Vijay Kumar Banswar – Appellant
Versus
Awadesh Kumar Jaisawal – Respondent


Advocates Appeared:
For the Petitioner: Aakash Prasad, Amitav Singh, Himanshu Singh, Yash Joshi.
For the Respondent: Shishir Chandra, Vishnu Pratap Singh.

JUDGMENT :

1. Heard learned counsel for petitioner as well as learned counsel for respondents.

2. By means of present writ petition, the petitioner has challenged the order dated 13.12.2022 passed by Rent Controller and also the order dated 24.04.2023 passed by District Judge Kheri rejecting the appeal preferred by the petitioner against the order of Rent Controller.

3. The facts in brief are that the petitioner entered into a tenancy in respect of a shop measuring 18 sq. meter situated at Mela Road-Dwarikapuri, Lakhimpur, Pargana & District – Kheri by way of oral agreement with one Chandrachud Singh Rathore. In the tenanted premises, the petitioner has a small machine parts business, selling machine ware, oil, lubricant and auto parts for pump, diesel generator sets vehicles form the shop in question continuously since 1986 i.e. since last 37 years.

4. The respondent had purchased the said property from the original landlord on 02.03.2013 and subsequently the petitioner paid rent to the respondent. On 08.01.2020, the respondent has filed an application under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 on the ground that the said shop w

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