B.K. Rathi, J. - (1.) HEARD Sri A.K. Gupta, learned counsel for the petitioners. None appeared for the opposite parties though the list has been revised. The premises in dispute was allotted to the petitioner No. 1 on 18.1.1971. It is contended by the learned counsel for the petitioners that they are real brothers and both of them are living in the disputed premises from 20.8.1971 on which date the possession was obtained.
(2.) RESPONDENT Nos. 2 and 3 purchased the disputed premises by the sale deed, dated 10.6.1980 from the previous owner. After the purchase they moved an application on 28.1.1981 under Section 33 of U.P. Act, XIII of 1972 to prosecute the petitioners for offence under Section 31 of U.P. Act No. XIII of 1972 on the ground that the petitioner No. 1, who was allotted the premises has kept with him the petitioner No. 2. The permission has been granted by respondent No. 1 by order, annexure 20 to the petition on 5.8.1981. Aggrieved by this order, the present petition has been preferred, It is not disputed that both the petitioners are real brothers. It is contended that the petitioners are living in the disputed house together with their families from the date of obtaining the possession of the same after allotment.
(3.) IN the circumstances, there was no sufficient ground for grant of permission for prosecution of the petitioners by the respondent No. 1. Accordingly, the petition is allowed and order, annexure 20, dated 5.10.1981 of respondent No. 1 is quashed.;