- (1.) Heard Sri P.K. Jain, Senior Advocate assisted by Sri Manish Kumar Jain, counsel for the petitioner and Sri Atul Dayal, counsel for respondent Nos. 1 and 2. Respondent Nos. 3 and 4 are formal parties for the reason that respondent No. 3 is husband of petitioner and respondent No. 4 is allottee whose Writ Petition No. 42276 of 2010 against the very impugned order has been dismissed. The dispute is regarding shop No. 48/4 situate in Mohalla Shubhaspura, Lalitpur. Petitioner Smt. Durga Devi now represented by her heirs and legal representatives claims to be the owner of the same. According to her, one Rampal had 1/4 share in the property of the family of Seth Hazarilal. His share was auctioned for the realisation of public dues whereupon it was purchased on 30.9.1963 by her husband Kailash Narain Maheshwari. After having purchased 1/4 share of Rampal it was transferred in favour of the petitioner vide registered sale-deed dated 4.5.1986. The 1/4 share of Rampal includes the shop in dispute.
(2.) The tenant of the shop vacated it and on application filed by respondent No. 4 it was declared to be vacant and was ultimately allotted to him vide order dated 21.5.1979. Pursuant to the said allotment respondent No. 4 came into possession and the allotment order recognised the petitioner as owner/landlord.
(3.) Some time in the year 2005 respondent Nos. 2 and 3 who are brothers of the husband of the petitioner applied for recall/review of the allotment order claiming themselves to be the owner and landlord of the said shop. The application was allowed vide order dated 30.6.2007 and the allotment order was set aside. The petitioner as well as respondent No. 4 filed separate revisions against the above order but both the revisions were dismissed by a common judgment and order dated 25.5.2010.;