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2021 Supreme(UK) 750

S. K. MISHRA
GYANESHWAR PRASAD (DECEASED) – Appellant
Versus
MAHANT SANTNAND SINGH – Respondent


Advocates:
For the Petitioner: Mr. Siddharth Singh, Learned Counsel
For the Respondent: Mr. Suyash Pant, Learned Standing Counsel and Mr. Nikhil Singhal, Learned Counsel

JUDGMENT

Sri S.K. Mishra, J.

1. In this writ application, the petitioner being the tenant of the property in question has prayed for issuing a writ in the nature of certiorari quashing the order dated 17.01.1998 (Annexure-8), passed by respondent no. 3, i.e., learned Civil Judge (J.D)-cum-Judge, SCC Court, Haridwar, and the confirming the judgment passed by the Additional District Judge/3rd FTC, Haridwar (Annexure-10) on 30.11.2006.

2. The facts of this case may be narrated briefly as follows:

The property in question was let out to the father of the petitioner late Gyaneshwar Prasad about 50 years ago for a sum of Rs. 4.69 paisa. In the year 1988, the sole respondent (since deceased, substituted by respondent no. 1/1 & 1/2) filed an application under Section 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as ‘the Act') with the prayer that the petitioner be evicted from the property in question as he has converted the use of the premises let out and there was a material alteration of the same without the consent of the landlord. For proper appreciation, the exact pleadings raised the plaintiff in the plaint at paragraph 3

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