- (1.) RAKESH Tiwari, J. Heard Counsel for the parties.
(2.) SINCE common questions of law and facts are involved in these connected petitions, they are being disposed of by this common judgment treating Civil Misc. Writ No. 27220 of 2006 as the leading case which has been filed by Sri Shitla Prasad S/o late Sri Baijnath Prasad R/o A/3/2/3, Bhagatpuri Colony, Mohalla Kathuapura, Varanasi against Sarvasri Ashwani Kumar Shah son of Sri Rajendra Shankar Shah resident of house No. K-47/3-343 Mohalla Katuwwapura, Varanasi, respondent Nos. 1 to 3. By these petitions, the validity and correctness of orders dated 19-4-2005 and 28-4-2005 passed by Sri Baleshwar Prasad, Additional District Magistrate, Civil Supplies/rent Control and Eviction Officer, Varanasi in case No. 37 of 1999 under Section 16 of U. P. Act No. XIII of 1972 have been challenged. The orders impugned in the Writ Petition have been appended as Annexures 5, 6 and 11 to it. The petitioner in this petition has prayed for quashing the order and judgment date 3-5-2006 passed by the Additional District Judge/special Judge (S. C/s. T.) Act in Rent Revision No. 45/2005, Annexure 14 of the writ petition and has also prayed for a direction to the respondents not to evict the petitioner from Shop No. 2 in the premises K-47/1, Mohalla Katuwapura, Varanasi and not to give effect to the impugned orders. The connected Civil Misc. Writ Petition No. 26149 of 2006 has been filed by Sri Pramod Kumar Verma against Ashwini Kumar Shah, petitioner in the aforesaid Writ Petition No. 27220 of 2006 and Sri Upendra Kumar Nagar, aforesaid/respondent No. 2 and Sri Shitla Prasad. By order dated 19-4-2005 the shop in dispute situate on the ground floor of premises No. 47/01, Kathuwapura, Varanasi, which was allegedly converted illegally into two shops was declared to be vacant.
(3.) DISPUTE in these petitions relate to a shop situate on the ground floor of premises No. K-47/a, Mohalla Katuwapura, Varanasi, which originally belonged to Sri Ragunath Prasad, who was owner and landlord of the entire house. Sri Raghunath Prasad executed a registered Gift Deed Dated 9-1-1982 transferring western half portion of premises No. K-47/1 in favour of his daughter Smt. Sudha Rani Jaiswal who became owner and landlady of the said portion. Smt. Sudha Rani Jaiswal transferred a portion of House No. K- 47/1 admeasuring 1508 square feet which included the shop in dispute by means of a registered sale-deed dated 11-8-1998 in favour of Sri Ashwani Kumar Shah.;