S.P.MEHROTRA, J. - (1.) THE present Writ Petition has been filed by the petitioners under Article 226/227 of the Constitution of India , interalia, praying for quashing the judgment and order dated 29.11.1991 (Annexure no. 12 to the Writ Petition) passed by the learned IVth Additional Civil Judge/Prescribed Authority , Varanasi and the judgment and order dated 3.12.2003(Annexure no. 14 to the Writ Petition) passed by the learned Additional District Judge, Court no. 14 , Varanasi (Appellate Authority) .
(2.) THE dispute relates to the eastern portion of House no. B-35/32 situated in Mohalla Sarainandan, Varanasi. The said portion has hereinafter been referred to as "the disputed portion". From a perusal of the averments made in the Writ Petition and Annexures thereto, it appears that Ram Ji (predecessor-in -interest of the respondents no. 1 to 8 and the respondents no. 11 and 12) , Jokhoo (father of the said Ram Ji) , Satya Narain and Badri (respondent nos. 9 and 10 herein respectively) filed a Release Application under Section 21(1)(a) of the U.P. Act No. XIII of 1972 (in short "the Act") against the petitioners for the release of the disputed portion.
(3.) IT was , interalia, alleged in the Release Application that House No. B-35/32 and N-14/126 situated in Mohalla Sarainandan, Varanasi originally belonged to the said Ram Ji , Jokhoo, Satya Narain and Badri (Applicant nos. 1,2,3 and 4 in the Release Application) ; and that the said Ram Ji (Applicant no. 1 in the Release Application), Satya Narain (Applicant no. 3 in the Release Application) and Badri (Applicant no. 4 in the Release Application) were real brothers and Jokhoo (Applicant no.2 in the Release Application) was father of the said Ram Ji , Satya Narain and Badri ; and that by oral family settlement, the entire property were divided amongst the said Ram Ji , Jokhoo, Satya Narain and Badri (Applicants in the Release Application) about 35 years back; and that in the said family settlement , House no. B-35/32 came to the share of the said Ram Ji (Applicant no. 1 in the Release Application) and House no. N-14/126 came in the share of the said Jokhoo , Satya Narain and Badri (Applicant Nos.2,3 and 4 in the Release Application) ; and that the said oral family settlement was effected and acted upon; and that the said Ram Ji (Applicant no. 1 in the Release Application) alone realized rent from the petitioners (Opposite Parties in the said Release Application) so long as the petitioners paid the same; and that the said Ram Ji (Applicant no.1 in the Release Application) being sole owner of House no. B-35/32 had got every right to induct tenant in the said House no. B-35/32 and to realize rent from the tenant and to evict tenants there- from.; and that the said Ram Ji (Applicant no.1 in the Release Application) was sole owner and landlord of the said premises no. B-35/32.;