Vivek Kumar Birla, J. - (1.) Heard Sri Pankaj Agarwal, learned counsel appearing for the petitioner and Ms. Shalini Goel, learned counsel appearing for the respondent - landlord.
(2.) Present writ petition has been filed seeking quashing of the impugned judgment and order dated 27.11.2017 passed by the Additional District Judge, Court No. 15, Kanpur Nagar in Rent Appeal No. 64 of 2005 filed as Annexures 18 to the writ petition.
(3.) The release application filed by the landlord in the year 1999 was rejected by the trial court. The appeal filed against the same was allowed by the first appellate court, against which the tenant filed Writ A No. 40933 of 2009, Sri Krishna Dutt Mishra Vs. Smt. Munia Devi whereby the matter was remanded back to the lower appellate court on the limited point to consider the effect and impact of the sale deed dated 11.3.2004 and to record a specific finding if the portion in dispute namely the pooja room on the first floor is the subject matter of sale by the said sale deed. In case the said room has been sold, there would be no need to construct any Shikhar over it. After remand the appeal was allowed by the impugned judgment.;