LAAJ GUPTA AND OTHERS Vs. ADDITIONAL DISTRICT JUDGE/F T C AND OTHERS
HIGH COURT OF UTTARAKHAND
Laaj Gupta And Others
Additional District Judge/F T C And Others
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(1.) Heard Mr. Arvind Vashisth, Advocate for the petitioner and Mr. S.K. Jain, Senior Advocate assisted by Mr. B.S. Thind, Advocate for respondent nos. 2 to 10.
(2.) This is a landlord's petition challenging the order of the learned Additional District Judge/F.T.C. VI, Dehradun passed under Section 22 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (from hereinafter referred to as Act No. 13 of 72) allowing the appeal of the tenants which was against the order of the Prescribed Authority/Civil Judge (S.D.)/First Fast Track Court, Dehradun dated 10.1.2003 by which the Prescribed Authority had released the residential accommodation in favour of the landlord on his application under Section 21 (1) (a) of Act No. 13 of 72.
(3.) There is a residential accommodation located at Shivaji Marg, Dehradun which belonged to three brothers, namely, Babu Ram Gupta, Dinesh Gupta and Devendra Kumar Gupta (all sons of Sri Khem Chand Gupta). During the pendency of the application, Babu Ram Gupta passed away who was substituted by his wife Smt. Laaj Gupta, his sons Jayant Gupta and Manish Gupta and daughter Smt. Arti Gupta. The original tenant on the said property was one Sri Jang Bahadur Saxena.
It appears that Sri Jang Bahadur Saxena passed away in the year 1958 leaving behind his four sons, namely, Jagdish Bahadur Saxena, Kunwar Bahadur Saxena, Prem Bahadur Saxena and Kishan Bahadur Saxena. In the municipal record, however, the name of one of his four sons i.e. Prem Bahadur Saxena, is recorded as a tenant since 1958 and the rent receipts were also given in the name of Mr. Prem Bahadur Saxena by the landlord.;
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