- (1.) Heard Sri D.C. Mukherjee, learned Senior Counsel assisted by Sri J.P. Mathur, learned counsel for the petitioners and Sri Mohd. Arif Khan, learned counsel for respondent nos. 3 and 4.
(2.) Present writ petition under Article 226 of the Constitution of India has been filed against the judgment and order passed by Additional District Judge, Court No.1, Lucknow and prescribed authority/Second Additional JSCC, Lucknow dated 24.1.2013 and 9.8.2012 respectively by which P.A.Case No. 28/2008 Mohd. Faisal Shamshi and ors. Vs. Ishtiyaq Azeem and ors. was allowed and Rent Appeal No. 48/2012 Smt. Qamar Ashraf and ors. Vs. Mohd. Faisal Shamshi and ors. Was dismissed and order and judgment passed by Second Additional JSCC, Lucknow was confirmed.
(3.) Admittedly the matter pertains to release of a portion of House No. 143/90Ga situated at Niyamatullah Compound, Niyamatullah Road, P.S. Aminabad, Lucknow (referred as disputed house). The disputed house along with other eastern portion belonged to Smt. Kaneez Fatima Bibi D/o- Ch. Niyamatullah. The controversy starts from here as per petitioner Smt. Kaneez Fatima Bibi has made an oral Hiba in favour of her cousin sister's husband Syed Mohd. Haleem on 4.8.1945 in lieu of love and affection in presence of respective witnesses i.e. Smt. Alia Khatoon (now deceased) and Basheeruddin. The said Hiba was accepted by Syed Mohd. Haleem and since then he was enjoying the disputed house as owner/landlord. The possession was also handed over to Syed Mohd. Haleem by Smt. Kaneez Fatima Bibi on the same date. In the year 1948 Smt. Kaneez Fatima Bibi had migrated to Pakistan where she had acquired Pakistani nationality and later on she died there. In October 1977 Syed Mohd. Haleem died leaving behind him two sons and three daughters as his legal heirs and successors i.e. Ehsaan Azeem(now deceased), Ishtiyaq Azeem, Smt. Qaiser Sultana, Smt. Sarwar Sultana and Smt. Afsar Sultana, they all became the owners and landlords of the disputed house along with other heirs and successors of late Syed Mohd. Haleem.;