SURESH KUMAR JAIN Vs. SHANTI SWARUP JAIN

JUDGEMENT

(1.) This appeal is directed against judgment dated December 21, 1995 passed by the Allahabad High Court in Civil Misc. Writ Petition No. 1558 of 1995. It may be stated here that against the earlier judgment of the High Court passed in the said Civil Misc. Writ Petition, this Court was moved by filing S.L.P. (C) No. 4280 of 1995. Such Special Leave Petition was disposed of by this Court and by order dated July 24, 1995, the writ petition was remanded to the High Court for fresh adjudication in the light of observations made in the judgment of this Court.

(2.) The appellant was inducted as a tenant on the ground floor of a building numbered as 29 Mainganj Ward No.4, Block No.2, Kabra Market, Etah, within the limits of Etah Municipality at a monthly rental of Rs.75/- with effect from March, 1973 by the owner landlord respondents Sri Shanti Swarup Jain.

(3.) For the purpose of appreciating rival contentions of the parties in this appeal, the following facts which are on record appear to be relevant.