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2010 Supreme(UK) 284

B.S.VERMA
Sri Bhagwati Prashad Goel – Appellant
Versus
District Judge, Almora – Respondent


Advocates appeared:
Mr. Arvind Vashist, Advocate, learned counsel for the petitioner-review applicant.
Mr. K.P.Upadhyay, Learned Additional Chief Standing Counsel for the respondent No.1 & 2.
Mr. B.C.Pande, Senior Advocate with Mr. R.C.Upadhyay, Advocate, learned counsel for the respondent no. 3.

Judgment

Hon’ble B.S.Verma, J.

(Review Application No. 253 of 2010)

(Delay Condonation Application No. 2726 of 2010)


1. Heard learned counsel for the parties and perused the record.

2. By means of this review application, the petitioner has sought review of the order dated 31-12-2009 passed in W.P.M.S. No. 111 of 2007, whereby the writ petition has been dismissed on merits.

3. Since there is delay in filing the review application, the applicant has also filed an application for condonation of delay, which is supported by an affidavit.

4. Grounds are sufficient to condone the delay in moving the review application.

5. Delay in filing the review application is condoned. (Delay condonation application No.2726 of 2010 is allowed.)

6. The review application has been filed mainly on the ground that the tenancy of the petitioner is regulated by the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) and not under the provisions of the Transfer of Property Act.

7. The learned counsel for the review applicant has contended that this Court has relied upon the judgment of the Apex Court in the case of T.Lakshmipathi and ot














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