KAILASH CHAND Vs. PRESCRIBED AUTHORITY/CIVIL JUDGE AND 3 OTHERS
LAWS(ALL)-2017-1-171
HIGH COURT OF ALLAHABAD
Decided on January 16,2017

KAILASH CHAND Appellant
VERSUS
Prescribed Authority/Civil Judge And 3 Others Respondents

JUDGEMENT

Manoj Misra, J. - (1.) Heard learned counsel for the petitioner; and Sri Bipin Lal Srivastava for the respondents 2, 3 and 4.
(2.) The present petition has been filed by the petitioner challenging an dated 27.10.2016 passed by the Prescribed Authority/Civil Judge (Senior Division), Muzaffarnagar in P.A. Case No.25 of 2015 by which the application of the petitioner to reject the release application under Order 7, Rule 11 CPC read with Section 34(1)(g) of the U.P. Act No.13 of 1972, has been rejected.
(3.) A perusal of the record would go to show that application under Order 7, Rule 11 CPC was filed on the ground that according to the case of the landlord the defendant-petitioner was initially inducted in the year 1970 on the basis of the lease deed and, thereafter, the lease was extended for a further period of 16 years upto 16.01.2000 and, thereafter, there was no further extension of the lease and, therefore, the defendant in view of the own case of the landlord-respondent was an unauthorized occupant of the premises and, as such, the release application was not maintainable.;


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