ALLAN HALWAI AND ANOTHER Vs. ADDITIONAL DISTRICT JUDGE. PILIBHIT AND OTHERS
LAWS(ALL)-2006-3-353
HIGH COURT OF ALLAHABAD
Decided on March 09,2006

Allan Halwai And Another Appellant
VERSUS
Additional District Judge. Pilibhit And Others Respondents

JUDGEMENT

S.U. Khan, J. - (1.) This is tenants' writ petition arising out of eviction/release proceedings initiated by original landlady respondent No. 3, Smt. Hans Mukhi Devi since deceased and survived by legal representatives on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of P.A. Case No. 20 of 1982 before the Prescribed Authority/Munsif, Pilibhit.
(2.) Property in dispute is a shop.
(3.) In the release application original landlady pleaded that shop in dispute was required for establishing his son Raj Krishna who was married and having four children. At the time of filing of the release application Raj Krishna was about 25 years of age. The tenant mainly pleaded that other shops were also available to the landlady to settle her son Raj Krishna. Release application was dismissed on 23.11.1983 against which original landlady filed RC Appeal No. 3 of 1984. Vlth Additional District Judge, Pilibhit through judgment and order dated 10.5.1988, allowed the appeal, set-aside the judgment and order passed by the Prescribed Authority and allowed the release application of the landlady hence this writ petition.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.