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2005 Supreme(UK) 375

PRAFULLA C.PANT
Union Of India (Uoi) – Appellant
Versus
District Judge – Respondent


JUDGMENT

Prafulla C. Pant, J.

1.By means for this petition, moved under Article 227 read with 226 of the Constitution of India, the petitioner (tenant) has sought direction quashing the Judgment and order dated 23.11.2002 passed by respondent No. 1 and judgment and order dated 27.5.1999 passed by the respondent No. 2.

2. Brief facts of the case, as narrated in the petition, are that premises known as Ridgeway Bungalow in Cantonment Ranikhet, were initially owned by one Late Shri Ghasi Ram Kapoor, who died some more than 50 years back leaving behind his two widows and one daughter Smt. Beena G. Bansal (respondent No. 3). One of the widow Smt. Prakashwati Kapoor let out the said premises to the Divisional Organizer of the Special Service Bureau (petitioner) on 1.4.1966 on rent at the rate of Rs. 300 per month. Till March 1983, rent was regularly paid to the landlady, whereafter she refused to accept the same and petitioner started depositing the rent in the Court. Smt. Prakashwati Kapoor died in January 1991 and since then her daughter (respondent No. 3) is the landlady. The respondent No. 3 served a notice under Section 80 of the Code of Civil Procedure, 1908 read with Section 106 of t








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