RAJENDRA PRASAD GUPTA AND ORS. Vs. DISTRICT JUDGE AND ORS.
LAWS(ALL)-2016-1-29
HIGH COURT OF ALLAHABAD
Decided on January 12,2016

Rajendra Prasad Gupta and Ors. Appellant
VERSUS
District Judge and Ors. Respondents

JUDGEMENT

Sunita Agarwal, J. - (1.) Heard Sri Arvind Srivastava, learned counsel for the petitioners and Sri V.K. Singh, learned counsel for the respondents.
(2.) The present writ petition is directed against the orders of two courts below in a proceeding of release of the shop in question on personal ground under Sec. 21 (1) (a) of U.P. Act No. 13 of 1972.
(3.) The release application has been filed for the need of the shop in question that it was required for establishing two sons of the landlady in business who were unemployed. It is stated in paragraph '1' of the release application that the premises in question was purchased by her on 9.7.1997 and the opposite parties Nos. 1 and 2 were inducted by the erstwhile owner namely Smt. Pushpa Agarwal. The release application was objected by filing a written statement on 1.7.2005 on the ground that the need set up by the landlady was neither genuine nor bonafide. No notice was given before filing of the release application on 1.7.2005 as required under first proviso to sub -section (1) of Sec. 21 of the Act.;


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