SRI KRISHNA SHARMA Vs. IST ADDITIONAL DISTRICT JUDGE, MAINPURI
LAWS(ALL)-1988-10-48
HIGH COURT OF ALLAHABAD
Decided on October 14,1988

Sri Krishna Sharma Appellant
VERSUS
Ist Additional District Judge, Mainpuri Respondents

JUDGEMENT

S.D.AGARWALA, J. - (1.) IN this petition, at the time of admission of the petition, appearance was put on behalf of respondent Nos. 3, 4 and 5. Counter and rejoinder affidavits have been filed.
(2.) I have heard the learned counsel for the parties. The present petition, relates to house No. 1351, situate in Mohalla Uttar Chappatti, Mainipuri. The petitioner Sri Krishna Sharma is a tenant of the said premises and respondent Nos. 3, 4 and 5 are the landlords.
(3.) BY order dated 12th March, 1981, the property in dispute was declared vacant in view of Section 12(3) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) on the ground that the members of the family of the tenant had acquired a residential building in the same city and, as such he would be deemed to have vacated the building under his tenancy. Thereafter, by order dated 15th November, 1983, the property was released in favour of the landlord. Both the orders declaring vacancy as well as release were challenged by means of revisions under Section 18 of the Act. The revisions were dismissed by an order dated 15th July, 1988. It is this order which has been impugned in the present writ petition.;


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