UMA SHANKER PATHAK Vs. ADDL. DISTRICT JUDGE, KANPUR AND OTHERS
LAWS(ALL)-1989-11-79
HIGH COURT OF ALLAHABAD
Decided on November 23,1989

UMA SHANKER PATHAK Appellant
VERSUS
Addl. District Judge, Kanpur And Others Respondents

JUDGEMENT

A.N. Dikshit, J. - (1.) THE petitioner Uma Shanker Pathak has filed this petition under Article 226 of the Constitution of India for issuing a writ of certiorari for quashing the order, dated 22 -5 -1986 passed by respondent No. 1 (Additional District Judge, Kanpur), rejecting the revision of the petitioner the order, dated 15 -4 -1986 passed by respondent No. 1 rejecting the application of the petitioner for taking documents on record the order, dated 3 -3 -1986 passed by respondent No. 2 (Rent Control and Eviction Officer/District Supply Officer, Kanpur Nagar) and the order dated 28 -12 -1985 passed by respondent No. 2 declaring vacancy of the shoo in dispute. The facts encompassing the controversy require to be detailed in extenso.
(2.) IT has been setforth in the petition that Suraj Bhan Agarwal father of the respondent Nos. 3 to 7 was the landlord of the shop in dispute (in premises No. 79/10, Latouche Road, Kanpur). Initially Smt. Usha Singh respondent No. 8 was the tenant of the shop in dispute till March 1965 Later on the petitioner was inducted as a tenant by Suraj Bhan Agarwal and the rent was enhanced from Rs. 12 to Rs. 21 per month The rent for the period April to August, 1965 was paid for which a receipt for Rs. 105 was issued. It has been mentioned that the earlier receipts were issued in favour of M/s. Oriental Engineering Company, Proprietor Smt. Usha Singh but from March, 1965 when the petitioner became tenant the name of Smt. Usha Singh was not mentioned and the receipts were issued in favour of M/s. Oriental Engineering Company. Suraj Bhan Agarwal expired on 11 -1 -1966 and respondent Nos. 3 to 7 inherited the rights of the landlord.
(3.) RESPONDENT Nos. 3 to 7 dishonestly, sometime in the year 1967 demanded money from the petitioner which demand being illegal and unwarranted by the petitioner was spurned.;


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