MOHAMMAD SHAREEF & ANR Vs. ADDITIONAL DISTRICT JUDGE,COURT NO 5, LUCKNOW & 3 OTHERS
LAWS(ALL)-2016-7-144
HIGH COURT OF ALLAHABAD
Decided on July 04,2016

Mohammad Shareef And Anr Appellant
VERSUS
Additional District Judge,Court No 5, Lucknow And 3 Others Respondents

JUDGEMENT

- (1.) This petition has been filed challenging the judgment and order dated 11.11.2010, passed by the Prescribed Authority/II Additional Judge Small Cause Court, Lucknow in P.A. Case No. 6 of 2008 whereby the application moved by the respondent Nos. 3 and 4 under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act No. 13 of 1972') for release of the premises in question, namely, House No. 252/11/1 situate at Daal Mandi, Raqabganj Qadeem, Police Station Chowk, District Lucknow has been allowed and the petitioners have been directed to hand over the possession of the shop in question to the respondent Nos. 3 and 4.
(2.) The petitioners also assail the validity of the judgment and order dated 21.03.2016, passed by the learned Additional District Judge, Court No.5, Lucknow, whereby the rent appeal preferred by the petitioners under Section 22 of the U.P. Act No. 13 against the judgment and order of Prescribed Authority dated 11.11.2010 has been dismissed.
(3.) The necessary facts giving rise to dispute at hand are that the petitioners are said to have entered into the tenancy of the shop in question which was owned by one Smt. Urmila Nigam in the year 1991 and lease deed was also executed on 14.08.1991. As per the deed the petitioners were to pay a rent of Rs. 600/- per month. The original owner executed a sale deed in favour of mother of respondent Nos. 3 and 4 and thus the petitioners became her tenant. After the death of the mother of respondent Nos. 3 and 4, they became co-owners.;


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