- (1.) In both the aforesaid writ petitions subject matter of dispute is a shop in town Kurawali, tahsil and district Mainpuri and the parties in both the writ petitions are also common. Hence both petitions are being decided by a common judgment.
(2.) Writ petition No. 10034 of 1981 was admitted for hearing by order dated 13th August, 1981. Writ Petition No. 12231 of 1985 however has not yet been admitted but the opposite parties put in appearance at the time of admission. In this writ petition, counter and rejoinder affidavits have been exchanged and in view of the order dated 15th October, 1985 passed by this Court, it appears necessary that both the petitions may be decided finally for which the learned Counsel for the parties are also agreed.
(3.) Some undisputed facts which are common in both the writ petitions may be stated first One Lala Lakhpat Rai was owner landlord of the shop in dispute and Rameshwar Dayal was tenant of the shop in dispute on rent of Rs. 25/- per month Lala Lakhpat Rai died leaving behind him one son Om Prakash and a daughter Smt. Vimladevi. It appear that for property left by Lala Lakhpat Rai Smt. Vimladevi executed sale deed in favour of Triveni Sahai and Ram Autar on 9th July, 1974 including shop in dispute, through her Attorney Jag Mohan Lal Bhatnagar, where as Om Prakash, on the other hand, executed another sale deed for the same property in favour of Phool Chandra Verma As both son and daughter of Lakhpat Rai had executed two separate sale deeds though they were entitled for only half share in the property left by Lala Lakhpat Rai, Suit No 107 of 1975 was filed in the court of Civil Judge, Mainpuri. This suit was decreed on 20-5-1978 on the basis of the compromise according to which the shop in dispute fell in share of Triveni Sahai and Ram Autar.;