PRADEEP KUMAR SHARMA Vs. IIND ADDITIONAL CIVIL JUDGE ALIASSENIOR DIVISIONALIAS BULANDSHAHR
LAWS(ALL)-2003-1-60
HIGH COURT OF ALLAHABAD
Decided on January 08,2003

PRADEEP KUMAR SHARMA Appellant
VERSUS
IIND ADDITIONAL CIVIL JUDGE ALIASSENIOR DIVISIONALIAS BULANDSHAHR Respondents

JUDGEMENT

- (1.) S. P. Mehrotra, J. This writ petition has been filed by the petitioner, inter alia, challenging the order dated 13-11- 2002 (Annexure No. 7 to the writ petition) passed by the learned IInd Addl. Civil Judge (SD), Bulandshahr, (Respondent No. 1 ).
(2.) THE dispute relates to a shop bearing No. 325 situated in Ansari Road Bazar, Bulandshahr. THE said shop has hereinafter been referred to as "the disputed shop". From the allegations made in the writ petition, it appears that the respondent Nos. 2 and 3 filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short "the Act") in respect of the disputed shop against Pyare Lal predecessor-in-interest of the petitioner and the proforma respondent Nos. 4 to 9. The said release application was registered as Release Case No. 32 of 1996.
(3.) IT further appears that the said Pyare Lal filed objections in the said Case No. 32 of 1996, inter alia, alleging that the respondent Nos. 2 and 3 were not the owners and landlords of the disputed shop and that the real owner was one Smt. Gyatri Devi, who was successor-in-interest of Kedar Dutt. Copy of the said objections has been filed as Annexure No. 1 to the writ petition. It is, inter alia further alleged in the writ petition that during the pendency of the aforesaid release proceedings, Smt. Gyatri Devi sold the disputed shop through her power of attorney holder Atul to Smt. Raj Kumari by a registered sale deed dated 22-1- 1997.;


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