Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties and perused the record. The petitioner has prayed for a writ of certiorari quashing the judgment and order dated 15.5.2000 passed by the XIth Additional District and Sessions Judge, Bulandshahr besides a writ of mandamus commanding the respondent not to interfere in the judgment and order passed by the Judge Small Cause Court, Bulandshahr dated 31.8.1999.
(2.) BY the impugned judgment and order dated 15.5.2000 the XIth Additional District Judge, Bulandshahr has allowed the Revision No. 31/1999 Sandeep Kumar v. Satya Prakash Garg filed by respondent No. 2 against the judgment and order dated 31.8.1998 passed by the Judge Small Cause Court, Bulandshahr in S.C.C. Suit No. 70/1998 Satya Prakash Garh v. Sandeep Kumar alias Babloo filed by the petitioner for eviction, recovery of arrears of rent of three years amounting to Rs. 7200/ - and damages at the rate of Rs. 200/ -per month for use and occupation of the shop in dispute. Briefly stated the facts of the case are that the petitioner is the owner of shop No. 255 situate in Mohalla Vaidya Vada Town Sikandrabad District Bulandshahr since 30.10.1995 in pursuance of a sale deed whereby his brothers Om Prakash and Suresh Chandra sold their 2/3rd share in the shop.
(3.) IT appears that the shop had come in the share of late Sri Shanti Prasad S/o. Sri Raghubir Saran on 9.8.1960 in family partition who died issueless on 12.12.1994. Sri Om Prakash, Sri Suresh Chandra and the petitioner being his brothers and heirs became the joint owners of the shop in dispute. Subsequently Sri Om Prakash and Sri Suresh Chandra sold their 2/3rd share in the shop to the petitioner through sale deed dated 30.10.1995 and since then it is claimed that the petitioner is the owner of the shop in dispute.;