Irshad Ali, J. - (1.) Heard Sri G.C. Sinha, learned counsel for the petitioner and to Sri A.R. Khan, learned counsel for respondent Nos.3 and 4.
(2.) Brief fact of the case is that Sri Babban Khan was a Zamindar and executed a registered waqf deed and devoted his entire property including the disputed shop to the almighty God in the name of Allahtala. The Civil Judge (Senior Division), Pratapgarh vide judgment and decree dated 31.01.1983 passed in Regular Suit No .23 of 1980 held that the partition decree obtained on the basis of compromise is null and void by holding that the property in dispute belongs to Sri Babban Khan and by means of a waqf deed, it is a waqf property.
(3.) The respondent No.4 Jane Alam executed a sale deed regarding the disputed premises in favour of Mohd. Saleem on 10.06.1997. An application was moved by one Sri Nadir Khan for allotment of the shop before the respondent No.2 on 30.09.1997. The respondent No.2, on the basis of the allotment application, directed to the Rent Control Inspector to make spot inspection and to submit a report as per provisions of Rule 8 of U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972, hereinafter referred to as U.P. Rent Control Act, 1972. The report was submitted on 17.10.1997 and the petitioner was found in occupation of the disputed shop. On 17.07.1999, the respondent No.2 himself inspected the spot and prepared a report, wherein the petitioner was again found in occupation and running his business.;