YOGENDRA NATH JAIN Vs. IIIRD ADDITIONAL DISTRICT JUDGE MEERUT
LAWS(ALL)-1998-3-122
HIGH COURT OF ALLAHABAD
Decided on March 18,1998

YOGENDRA NATH JAIN Appellant
VERSUS
IIIRD ADDITIONAL DISTRICT JUDGE, MEERUT Respondents

JUDGEMENT

J.C. Gupta, J. - (1.) Heard.
(2.) The order dated 6.7.92 passed by the respondent No. 1 in an appeal filed by respondent No. 2 under Section 22 of the U. P. Act No. 13 of 1972 (hereinafter referred to as the 'Act'), is under challenge in this writ petition.
(3.) Respondent No. 2 after purchasing Taj Building, Cantt., Meerut, on 27.10.76 moved application for release of the disputed portion after serving the notice as contemplated by the proviso to Section 21 (1) (a) of the Act. The need alleged was that the accommodation already in occupation of the landlord-respondent No. 1 was inadequate and insufficient to cater the requirement of his family members, who were twenty-one in number. It was further alleged that the tenant-in-Chief, Nemnath, the brother of the petitioner has constructed his own house in the same city and has shifted therein as such, no objection against the release application was maintainable in view of Explanation (i) to Section 21 (1) (a) of the Act. The petitioner was alleged to be sub-tenant.;


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