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Parma Nand v. Iii A.D.J.& Others - WRIT - A No. 14813 of 1982  RD-AH 2390 (31 January 2006)
(Court No. 51)
Civil Misc. Correction Application No. 22490 of 2006
Civil Misc. Writ Petition No. 14813 of 1982
Sri Parmanand Versus III Additional District Judge, Aligarh and others.
Hon'ble S.U.Khan J
Heard learned counsel for the parties.
This is a correction application seeking correction of my judgment dated 27.1.2006. In my judgment dated 27.1.2006, I wrongly mentioned that no reply to the supplementary affidavit dated 9.5.2005 filed by the tenant had been filed by the landlord. In fact supplementary counter affidavit of Chaman Lal to the said affidavit sworn on 17.5.2005 had been filed which was available on record. In the said supplementary counter affidavit it was stated that widow of the original landlord was aged about 98 years and she alongwith Chaman Lal one of the substituted sons of original landlord Diwan Chand was sometimes residing at Aligarh in the rented accommodation of one room and some times at Faridabad alongwith one of the sons of Chaman Lal in a rented house. It was also stated that Chaman Lal was not settled at Delhi, and one of his sons was unmarried and unemployed and Chaman Lal required the accommodation in dispute for himself, his wife, his younger son and his mother and under compulsion he was residing with his elder son at Delhi. It was also stated that Subhash Chandra petitioner No. 3 /4 was also not settled.
In the said supplementary counter affidavit an altogether new need has been set up which has got very little connection with the original need set up in the release application.
For fresh need fresh release application can always be filed.
Accordingly this application is disposed of with liberty to the landlords to file fresh release application after three years. This bar of three years is being provided due to the reason that tenant petitioner has been directed to pay the arrears of enhanced rent in three years through judgment and order dated 27.1.2006.
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