SHAFI ULLAH Vs. PRESCRIBED AUTHORITY ALLAHABAD

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Anwar Ahmad, the respondent-landlord preferred a release application under Section 21(1) (a) and (b) of U.P. Act No. XIII of 1972 (hereinafter referred to as "the Act") claiming that he had purchased the house No. 665, Hatia Bahadurganj, Allahabad vide registered sale deed dated 2.12.1989 executed by its erstwhile owner Dosh Mohammad where late Gaus Mohammad was the original tenant but inducted one Shaft Ullah, the petitioner, as subtenant. It is alleged that the premises were purchased for his own use and occupation as he had a large family and had also to settle his son in business and further, the premises was in dilapidated condition which needed demolition and reconstruction but despite notice to vacate, the petitioner did not vacate it forcing him to file the application impleading Smt. Hafiza Khatoon wife of the original tenant. Smt. Hafiza Khatoon did not file any written statement but the petitioner preferred his objection, inter alia on the ground that earlier the erstwhile owner had preferred a release application which had been dismissed and that he had been occupying the premises as a tenant since more than 45 years where he was carrying out his business of making Almirah etc. and neither Gaus Mohammad nor his wife had any connection with the said premises. It was further stated that the respondent-landlord had other premises available to him. Further, by amendment it was stated that the erstwhile owner had made a oral gift in his favour on 4.4.1989 and therefore the sale deed in favour of the Anwar Ahmad was void.

(3.) After the parties had led their evidence, the release application was partly allowed for a portion of the premises vide order dated 31.7.2006.