Surya Prakash Kesarwani, J. - (1.) Heard Sri Prateek Sinha, learned counsel for the petitioner and Sri Vinod Sinha, learned counsel who has put in appearance today on behalf of respondent No.2.
(2.) Briefly stated facts of the present case are that there is a House No.15/51, Civil Lines, Kanpur Nagar. The petitioner is claiming one third share in the said house by means of a registered sale deed dated 29.01.1992. Respondent No.2 also claims to be co-owner of 1/3rd portion of the said house by way of registered sale deed dated 14.06.1999 obtained from Ms. Maya Shah. Her husband Mehdi Hasan is claiming to be co-owner of one third portion on the strength of another registered sale deed. Thus, the petitioner, the respondent No.2 and her husband, namely Sri Mehdi Hasan, all are claiming to be co-owners of one third shares each in the aforesaid House No.15/51, Civil Lines, Kanpur.
(3.) Initially, some accommodation on the first floor of the house in question was allotted by the Rent Control and Eviction Officer, Kanpur Nagar to one Smt. Asha Gupta. An application dated 06.02.1992 was filed jointly for allotment on the allegation that tenant Smt. Asha Gupta is likely to vacate the premises. The allotment was made by order of the City Magistrate/ Rent Control and Eviction Officer, Kanpur Nagar dated 08.08.1994 jointly in favour of one Sri Javed Ilahi and Sri Zahirul Hasan. Subsequently, the aforesaid Mehdi Hasan filed a Case No.90 of 1998 under Section 16(1)(b) of the U.P. Act No.13 of 1972 before the Rent Control and Eviction Officer/ City Magistrate, Kanpur Nagar for release of the portion in occupation of tenant- Sri Javed Ilahi pursuant to the vacancy declared by order dated 14.12.1998. The aforesaid Javed Ilahi surrendered the possession in favour of the Mehdi Hasan. Consequently, the aforesaid Case No.90 of 1998 was allowed by order dated 10.12.1998 releasing the portion in occupation of the aforesaid tenant Javed Ilahi in favour of the aforesaid co-owner Mehdi Hasan.;