Sunita Agarwal, J. - (1.) Heard learned counsel for the parties.
(2.) The writ petition is directed against the order of the court below in release application under section 21(1) (a) of U.P. Act No. 13 of 1972. It appears that the release application was filed by Surendra Kumar Mishra, one of the owners of the shop in the tenancy of Babu Lal Agarwal. The need set up was to establish his son in the business. It was stated therein that Babu Lal Agarwal had illegally delivered possession of the premises to respondent no.6,namely, Smt. Saraswati Devi( petitioner in the present writ petition) to frustrate the release application. The applicant-landlord had filed partition suit no. 992 of 1996 on account of which other co-owners of the property are annoyed and they may handover the premises in question to some stranger.
(3.) The release application was not contested by the tenant Babu Lal Agarwal rather Smt. Saraswati Devi raised objection on the ground that the applicant Surendra Kumar Mishra is not the owner of the property rather it is owned by one Santosh Kumar, who had entered into an agreement to deliver possession of the property to Smt. Saraswati Devi. Pursuant to this agreement the allotment proceedings had started and shop in question was alloted to Smt. Saraswati Devi on 26.11.1998.The title of the landlord Surendra Kumar Mishra has been denied by Smt. Saraswati Devi claiming herself to be a tenant of the premises in question on the basis of allotment order dated 26.11.1998.;