DIGAMBAR SINGH Vs. ADDITIONAL DISTRICT JUDGE/IST FAST TRACK COURT NAINITAL
LAWS(UTN)-2013-6-103
HIGH COURT OF UTTARAKHAND
Decided on June 28,2013

DIGAMBAR SINGH Appellant
VERSUS
Additional District Judge/Ist Fast Track Court Nainital Respondents

JUDGEMENT

- (1.) Rajendra Dobhal, Senior Advocate assisted by Mr. G.D. Joshi, Advocate for the petitioner, Mr. H.M. Raturi, Standing Counsel for respondent No. 1 as well as Mr. Siddhartha Sah, Advocate for respondent Nos. 2 to 8.
(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned judgment and order dated 6.9.2002 (Annexure No. 11 to the writ petition) passed by Additional District Judge, Nainital.
(3.) Relevant facts giving rise to the present writ petition in brief are that the landlord/respondents moved an application for release of the shop in question under Section 21(1)(a) U.P. Urban Buildings. (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act") on the ground of bona fide need stating therein that the shop is required by them for doing business as the members of the family are unemployed; According to the respondent, as stated in the release application, the financial position of the petitioner is well and he is having 5 Bigha land in Village Chotti Haldwani, Tehsil Kaladhungi, District Nainital. The elder brother of petitioner is in government service. The tenant/petitioner can shift his business to another shop.;


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