O.N. Khandelwal, J. - (1.) The petitioner's father Lalla was occupying a portion of house No. 293/48 (old) Haiderganj, P.S. Bazarkhala, Lucknow. The petitioner claims that after the death of her father she continued to occupy that premises, but the same has been released in favour of the landlord vide order of the Additional City Magistrate, Lucknow dated 26.5.2000 (Annexure-9) and has also' been upheld by the revisional court on 16.11.2005 (Annexure-10). Prayer has been made to issue a writ of certiorari quashing the aforesaid orders.
(2.) The landlord-opposite party No. 3 moved an application under Section 12 read with Section 16 of the U.P. Act No. XIII of 1972 in 1996 impleading one Ram Gopal. It was alleged that after the death of the original tenant Lalla and his widow Ram Dulari, his nephew Ram Gopal has been in unauthorised occupation since the two daughters of tenant had already been married.
(3.) After receiving the notice of the aforesaid release application, Ram Gopal filed his objection, pleading therein that after the death of Lalla, his widow Ram Dulari daughter Meera and younger brother's family (wife Ram Janki and daughter Kamla) continued to live in that house. However, he does not have any concern with the premises in question. It was reiterated that Smt. Ram Janki, Kamla and Meera are occupying the disputed premises.;