AKRAM ZIA Vs. ADDITIONAL DISTRICT JUDGE E C ACT LKO
LAWS(ALL)-2009-5-621
HIGH COURT OF ALLAHABAD
Decided on May 08,2009

AKRAM ZIA Appellant
VERSUS
ADDITIONAL DISTRICT JUDGE (E.C.ACT ) LKO. Respondents

JUDGEMENT

- (1.) THIS writ petition is directed against the judgment and order dated 29.3.2008 passed in R.A. No. 31 of 1998, upholding the judgment and order dated 24.7.1998 delivered by the prescribed authority whereby the release application was allowed. Both the judgments of the court below are under challenge. Learned counsel for the petitioners argues that Ahbab Ahmad Jafri, the original landlord has died on 4.9.1994, hence the need alleged by him had come to an end and in view of his death, the release application became infructuous. His another argument is that the widow and the sons of the original landlord Ahbab Ahmad Jafri are already in occupation of the first floor of the house and thus, they have no hardship. Learned counsel for the respondents argues that after the death of original landlord Ahbab Ahmad Jafri, his legal representatives were substituted and that his widow, his two sons, daughter-in-laws and grand children are living on the first floor of the house where there is only one room and a tin shed. He states that one room and one tin shed is insufficient for widow, her two adult sons, two daughter-in-law and the grand children. From the perusal of the judgment, it appears that Ahbab Ahmad Jafri had already died during the period when the case before the prescribed authority was pending. The necessary amendments were made and the need of legal representatives of the deceased landlord Ahbab Ahmad Jafri was also brought on record. The court of prescribed authority as well as the court of Additional District Judge in R.A. No. 31 of 1998 have already given findings on these points. These are question of facts. In view of the matter that there is concurrent findings of the two courts below on the aforesaid questions of fact ,therefore, it is not proper for this Court to interfere in the findings recorded by the two courts below. The writ petition is devoid of merit and deserves to be dismissed. The writ petition is dismissed. Learned counsel for the petitioners now requests that a reasonable time may be provided to the petitioners to vacate the house. Learned counsel for the respondents has no objection against such request. It is provided that the petitioners may submit their written undertaking, within ten days from today, to the effect that the house in question shall be vacated by them within six months from today. In case, such undertaking is submitted within ten days, the petitioners are permitted to vacate the house within six months. In case the petitioners fail to submit such undertaking within two weeks, they shall vacate the house in question within thirty days from today.;


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