Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THIS writ petition has been filed for quashing the impugned orders dated 26.12.1998 and 23.8.2006 (Annexures-9 and 11 to the writ petition) passed by respondent Nos. 2 and 3 respectively. It appears from Annexure-1 appended to the writ petition that Smt. Jaitoon Begum purchased the shop in dispute from Smt. Mustari Bai by registered sale-deed dated 28.6.1984. The petitioner claims that the shop in dispute was let out to him in the year 1987 by the then landlady Smt. Jaitoon Begum and prior to 1987 the shop was not let out to any other person, as such 1987 would be deemed to be the date of construction.
(3.) IT is submitted by the counsel for the petitioner that Smt. Jaitoon Begum wife of Sri Wali Mohammad and Sri Wali Mohammad sold their respective shares in the disputed property in favour of Sri Rakesh Jain and Smt. Rekha Jain respectively by registered sale-deeds dated 19.12.1995. An application for allotment of the disputed shop was moved by prospective allottee, respondent No. 4, Har Govind Prajapathi before the Rent Control and Eviction Officer, Etawah (hereinafter referred to as R.C. and E.O.) on 1.4.1998 on which the Rent Control Inspector was directed to make inspection and submit his report. Report was accordingly submitted by him on 4.5.1998 to the effect that the shop in question was not vacant.;