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2021 Supreme(UK) 329

S.K.MISHRA
Sarfaraz Hussain – Appellant
Versus
Chandu Chauhan. – Respondent


Advocates Appeared:
Siddhartha Sah, Advocate, Arvind Vasistha, Advocate, Kaushal Pandey, Advocate

JUDGMENT

S.K. Mishra, J. - Heard Mr. Siddhartha Sah, the learned counsel for the petitioners and Mr. Arvind Vashistha, the learned Senior Advocate assisted by Mr. Kaushal Pandey, the learned counsel for the respondents.

2. In this writ petition, the petitioners being the owner of the tenanted premises has prayed for issuance of writ of certiorari quashing the judgment and order dated 12.03.2014 passed by Prescribed Authority/ Civil Judge (Sr. Div.) Almora in Rent Case No. 03 of 2010 and confirming judgment and order dated 30.05.2015 passed by the learned District Judge, Almora in Rent Appeal no.6 of 2014. He has also prayed for appropriate suitable directions and mesne profit to the petitioner by the sole respondent @ Rs. 10,000/- per month.

3. The petitioners inherited the property from their father. Respondent no. 1 is the tenant with respect of the said property or shop. Petitioner no. 1 was in service in Central Warehousing Corporation and he retired in the year 2003. He is not receiving any pension, therefore he decided to setup the shop and carry small business in the shop in question which was in the tenancy of respondent no. 1. In other words, he claimed that he required the s

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