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2015 Supreme(UK) 518

ALOK SINGH
JAI GOPAL AGGARWAL – Appellant
Versus
ASHA RANI AGGARWAL – Respondent


Advocates:
For the Petitioner:Mr. P.C. Maulekhi, Advocate

JUDGMENT

Hon’ble Alok Singh, J. (Oral)

Present petition is preferred invoking Article 227 of the Constitution of India assailing the order dated 18.10.2014, passed by Prescribed Authority/Civil Judge (Senior Division), Ramnagar, District Nainital as well as judgment and order dated 13.04.2015, passed by the Revisional Court/1st Addl. District Judge, Nainital.

2. Undisputed brief facts of the present case, inter alia, are that respondent herein has filed release application under Section 21 (1) (a) of U.P. Act No. 13 of 1972 against the petitioner herein seeking eviction of the petitioner from the suit property on the ground of bona fide need of the landlord. Petitioner contested the application by way of filing the written statement. On 02.05.2014, landlord respondent herein has filed affidavit in the plaintiff evidence. Thereafter, petitioner defendant thereof has filed counter affidavits in defence evidence on 04.07.2014 and 08.08.2014. Thereafter, plaintiff landlord has filed rejoinder affidavit on 19.09.2014. Petitioner defendant thereof has moved application dated 18.10.2014 before the Prescribed Authority to the effect that since plaintiff landlord has taken new pleas and h







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