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2021 Supreme(UK) 554

SHARAD KUMAR SHARMA
Hem Chandra Joshi – Appellant
Versus
Vidya Bhushan Gupta – Respondent


Advocates Appeared:
Mr. Pankaj Kumar, Advocate on behalf of Mr. Narayan Singh Negi, Advocate, for the Appellant.

JUDGMENT

Sharad Kumar Sharma, J. - The petitioner of the present Writ Petition claims himself to be the purchaser of the property, by virtue of a registered sale deed dated 5th February, 2000, which was claimed to have been executed in his favour by the predecessor/owner of the property, i.e. respondent No.9. It is on the strength of the said sale deed dated 05.02.2000, that the petitioner contends that he would be entitled to give a challenge to the impugned orders, i.e. 15th April, 2009, as was passed by the District Judge, Almora, in Civil Revision No. 4 of 2007, Vinita Gupta and others Vs. Harish Chandra Agarwal and others, which was preferred under Section 18 of the Act No. 13 of 1972, against the order dated 12.02.2001 passed by the competent Authority, under Section 16 (1) (b) of Act No. 13 of 1972.

2. The chequered history of the proceedings itself, in fact, shows that the landlord/respondent No.9, as he principally and initially was, had filed an application under Section 12 of the Act No. 13 of 1972, for the purposes of declaration of vacancy of the tenement, in question, which was claimed by landlord respondent No.9, to have fallen vacant, from the occupancy of the respond

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