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2004 Supreme(UK) 147

RAJESH TANDON
Katori Devi – Appellant
Versus
Addl. District Judge, Haridwar – Respondent


Advocates Appeared:
Sri Manish Bharadwaj, Advocate for the petitioner.
Sri Lokpal Singh, Advocate for the respondents.

Judgment

Heard the learned counsel for the parties.

2. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 9-2-2001 and 1-4-2003 passed by the Prescribed Authority and appellate authority respectively.

3. Briefly stated the facts giving rise to the present writ petition are that an application under section 21 (1) (a) of Act No. XIII of 1972 was filed by the respondent no. 3 praying for the release of one room Khaprail on the ground that he is landlord of the premises in dispute. When the accommodation was let out the family of the landlord was very small, but now the family of the landlord has grown up and he has paucity of accommodation. The landlord has stated that he has three rooms in his possession and out of three rooms two rooms are being used as cow shed. Four rooms are in occupation of other tenants.

4. Written statement was filed in the Court below by the petitioner where it was admitted that the landlord was residing in a rented premises. In paragraph 16 of the written statement the petitioner has stated in the family of the landlord he himself his wife and four daughters and one son is residing in which three dau














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