ABDUL ALIM Vs. SHEIKH JAMAL UDDIN ANSARI

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the High court of Allahabad in Civil Miscellaneous Writ Petition No. 12434 of 1990, decided on 4/9/1992.

(2.) The dispute in the instant appeal pertains to a shop situate in Mohalla Bazar Bagh, Bahadurganj, known as Bazarganj, Moradabad. Initially, the shop in question was owned by Respondent 1 and his real brother - Sheikh Burhan Uddin. Vide a registered sale deed executed on 12/4/1988, Sheikh Burhan Uddin sold his share in the shop to the appellant, who, thus, became co-owner of the premises in question to the extent of half share. Respondent 1 continued to be the co-owner to the extent of the other half share. Respondent 1 filed an application for release of the shop under Section 21 (l) (a) of the U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (hereinafter "the Act") before the prescribed authority in 1987. The application was dismissed on 29/3/1989 by the prescribed authority principally on the ground that since the appellant had become a co-owner of the premises, the application for release was not maintainable. Appeal filed by Respondent 1 in the court of Additional District Judge, Moradabad failed on 24/1/1990. Respondent 1, thereafter, filed civil miscellaneous writ petition before the High court of Allahabad. Though the High court confirmed the findings of fact recorded by the courts below, it held that the application for release was maintainable, as the sale deed executed in favour of the appellant on 12/4/1988 could not change his status of being a tenant of the premises. Hence this appeal by special leave.

(3.) We have heard learned counsel for the parties.