NAYAB ALAM Vs. SMT. TANVEER SULTANA AND 2 ORS.
LAWS(ALL)-2015-10-226
HIGH COURT OF ALLAHABAD
Decided on October 13,2015

Nayab Alam Appellant
VERSUS
Smt. Tanveer Sultana And 2 Ors. Respondents

JUDGEMENT

Sunita Agarwal, J. - (1.) This writ petition is against the order dated 26.11.2014 passed in Misc. Execution Case No. 84/74/14 (Nayab Alam v. Smt. Tanveer Sultana and others) , arising out of the release proceedings under Section 21 (1) (a) of U.P. Act No. 13 of 1972.
(2.) The release application for the Premises No. 40/104A, Parade Kanpur Nagar, has been filed against M/s Usha Sales Pvt. Ltd and M/s Usha International Ltd. It was clearly therein that the tenanted accommodation is in possession of the opposite parties. The landlord needed the accommodation to start a coaching institute for Higher Education courses and competitive examinations. The boundaries of the tenanted accommodation which was subject of the release has been given at the foot of the release application. The premises were released by the Prescribed Authority on 31.05.2014.
(3.) An execution case No. 86/74/2014 was filed in which the petitioner has raised an objection that the boundaries given in the release application are not the actual boundaries of the tenanted accommodation. Three tin shed rooms which were in occupation of the petitioner have wrongly been included and under the garb of the release order the petitioner is being evicted.;


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