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Issues:
1. Review application under section 16(5) of the U.P. Urban Buildings Act. 2. Interpretation of Section 16(5)(a) and (b) of the Act regarding the right of a landlord to apply for review. 3. Application for leave to appeal under Article 136 of the Constitution. Analysis: 1. The judgment dealt with the issue of the maintainability of a review application under section 16(5) of the U.P. Urban Buildings Act. The petitioner, a tenant, challenged the High Court's decision allowing a non-occupant landlord to file a review application. The Division Bench concluded that such an application was maintainable, leading to the tenant's contention that the High Court erred in its interpretation of Section 16(5)(b) of the Act. 2. The crux of the matter revolved around the interpretation of Section 16(5)(a) and (b) of the Act concerning a landlord's right to apply for a review. The section allowed a landlord or any other person to seek a review of an allotment or release order. The petitioner argued that a landlord not in physical possession at the time of the order should not be entitled to apply for a review. However, the High Court held that such a landlord could indeed apply for a review. 3. The Supreme Court, in its analysis, agreed with the High Court's interpretation. It emphasized that the section differentiated between a landlord and any other person, with distinct requirements for each. The Court highlighted that the proviso imposing a time limit for the application did not restrict a landlord's right to seek a review. The judgment cited precedent and principles of statutory interpretation to support the conclusion that a landlord, even if not in physical possession, could request a review of an allotment or release order. 4. Ultimately, the Supreme Court dismissed the tenant's petition, upholding the High Court's decision. The Court affirmed that a landlord, irrespective of physical possession at the time of the order, could exercise the right to seek a review of an allotment or release order. The judgment provided a detailed analysis of the statutory provisions and legal principles, reinforcing the landlord's entitlement to pursue a review application under the U.P. Urban Buildings Act. Conclusion: The Supreme Court, in its judgment, clarified the interpretation of Section 16(5)(a) and (b) of the U.P. Urban Buildings Act, affirming a landlord's right to apply for a review of an allotment or release order. The Court's detailed analysis emphasized the distinction between a landlord and any other person under the section, ultimately upholding the High Court's decision regarding the maintainability of a review application by a non-occupant landlord.
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