RADHEY SHYAM Vs. ISHWARI PRASAD
LAWS(ALL)-2002-12-106
HIGH COURT OF ALLAHABAD
Decided on December 09,2002

RADHEY SHYAM Appellant
VERSUS
ISHWARI PRASAD Respondents

JUDGEMENT

S.P.MEHORTRA, J. - (1.) THE petitioner has filed this writ petition under Article 226 of the Constitution of India, interalia praying for quashing the judgment and order dated 29 -112002 (Annexure 1 to the writ petition) passed by the learned Additional District Judge, Court No. 1, Ballia (Appellate Authority) and the judgment and order dated 9 -11 -1998 (Annexure 2 to the writ petition) passed by the learned Civil Judge (Junior Division)/Prescribed Authority, West Ballia.
(2.) THE dispute relates to a shop situate in Kasba Rasra, Mohalla Uttar Patti Dak Bangala Road, Pargana Lakhneshwar, District Ballia. The said shop has, hereinafter, been referred to as the disputed shop. From the allegations made in the writ petition, it appears that Smt. Parwati Devi predecessor -in -interest of the respondents filed a release application under Section 21(1)(a) of U.P. Act No. 13 of 1972 (in short the Act) against the petitioner for the release of the disputed shop.
(3.) IT was, inter -alia stated on behalf of the said Smt. Parwati Devi that the disputed shop was bona fide requiring for establishing the son of the said Smt. Parwati Devi. The said release application was registered as P.A. Case No. 57 of 1995.The said release application was contested by the petitioner. Evidence was led by both the sides.;


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