SHASHI BALA Vs. ADDITIONAL DISTRICT JUDGE/F T C III DEHRADUN & OTHERS
LAWS(UTN)-2013-7-219
HIGH COURT OF UTTARAKHAND
Decided on July 29,2013

SHASHI BALA Appellant
VERSUS
Additional District Judge/F T C Iii Dehradun And Others Respondents

JUDGEMENT

- (1.) In spite of revised call, none appears for respondent No. 3 to argue the case. Therefore, heard learned counsel for the petitioner and perused the record.
(2.) By means of this writ petition, the petitioner has prayed to issue a writ or direction in the nature of certiorari for quashing the impugned judgment and order dated 09.04.2001 passed by Prescribed Authority, Dehradun in P.A. Case No. 50 of 1997 and judgment and order dated 30.05.2003 passed by Additional District Judge/F.T.C. III, Dehradun in R.C.A. No. 44 of 2001, Ram Chander Chaurasia Vs Sardar Jagjit Singh. By the impugned orders the Prescribed Authority has rejected the release application and the appellate court affirmed the findings of the Prescribed Authority.
(3.) Brief facts, giving rise to the petition, are that the father of the petitioner Late Sri Ram Chander Chaurasia filed release application, under Section 21(1)(a) of the Act No. 13 of 1972 against the defendant/respondent No. 3 Sardar Jagjit Singh before the Prescribed Authority, Dehradun alleging therein that he is the owner of the property bearing No. 85 situated in Paltan Bazar, Dehradun. During the pendency of release application, Sri Ram Chander Chaurasia died leaving a Will in favour of Smt. Shashi Bala in respect of the shop in dispute, hence, Smt. Shashi Bala has been added as legal representative of the applicant. It has further pleaded that on the ground floor of the said shop, there is a shop in the tenancy of respondent No. 3 Sardar Jagjit Singh, who is running the business of shoes. It has further been pleaded that Shashi Bala (daughter of the applicant), who was married to Omkar resident of Mathura about 20-22 years back, but their wedlock could not continue for a long time and she was deserted by him and about one & half year of the marriage, she is living along with his father/applicant. According to the applicant Late Sri Ram Chander Chaurasia, he was 69 years of age and during his lifetime he wanted that his daughter should not remain dependent at the alms of her brothers.;


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