SRI ZAMEER UDDIN AND OTHERS Vs. GOVIND SHANKAR KHANNA AND OTHERS
LAWS(ALL)-2012-1-874
HIGH COURT OF ALLAHABAD
Decided on January 13,2012

Sri Zameer Uddin And Others Appellant
VERSUS
Govind Shankar Khanna And Others Respondents

JUDGEMENT

Hon'ble Dilip Gupta, J. - (1.) THIS petition seeks the quashing of the order dated 8th March, 2006 passed by the Prescribed Authority by which the application filed by the landlord under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for release of the shops was allowed. The petitioners have also sought the quashing of the judgment dated 9th December, 2011 passed by the Appellate Authority by which the appeal filed by the petitioners for setting aside the aforesaid order was dismissed. It is the submission of the learned counsel for the petitioners that there were sufficient shops available with the landlord for doing the business and, therefore, the Courts below have committed an illegality in recording the finding that shops were not available. In this connection, he has placed various documents before the Court to show that at least two shops and one Hall were available to the landlord for doing business from the property bearing Plot No.H -47, Lajpath Nagar, Moradabad.
(2.) THE matter requires consideration. Sri Sharad Malviya has put in appearance on behalf of respondent No.1 -Govind Shankar Khanna. Issue notice to the remaining respondents by registered post. Steps may be taken within three week. In case, Vakalatnama on behalf of proforma respondent nos. 7 to 25 is filed, notices need not be issued to them.
(3.) THE respondents may file the counter affidavit within a period of six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.;


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