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2024 Supreme(All) 592

ASHUTOSH SRIVASTAVA
Mohd. Ikram – Appellant
Versus
Shamshana – Respondent


Advocates Appeared:
For the Petitioner: Firoz Haider, Abu Bakht.
For the Respondent: Komal Mehrotra.

JUDGMENT :

1. Heard Shri Abu Bakht, learned counsel for the petitioners and Shri Komal Mehrotra, learned counsel for the sole respondent/landlady.

2. The instant writ petition, at the instance of petitioners/tenants, has been filed assailing the order dated 23.5.2023 passed by the learned District Judge, Saharanpur in Rent Appeal No. 15 of 2022 whereby and whereunder the rent appeal has been allowed the order of the learned Prescribed Authority dated 5.3.2022 has been set aside and the matter has been remanded back to the learned Prescribed Authority for considering the release application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972, afresh.

3. The facts giving rise to the controversy involved between the parties lies in a narrow compass. A release application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 was filed on 22.1.2021 by the respondent/landlady against the petitioners setting up a need for her son to expand his business and augment his income so as to meet out family liabilities for the shop ‘A’ and ‘B’, respectively under the tenancy of the petitioners. The release application was registered as PA Case No. 6 of 2021. The petitioners appeared and filed

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