KRISHNA DEVI Vs. ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 15.11.2010 passed by the Additional District Judge, Court No. 14, Kanpur Nagar in Revision No. 21 of 2010 upholding the order dated 28.1.2010 passed by the Rent Control and Eviction Officer in Case No. 4 of 2010 whereby the disputed premises was declared vacant and consequently released in favour of the landlord-Respondent Nos. 3 and 4.

(2.) Brief facts of the case are as follows:

(3.) Premises in dispute i.e. 119/2766 A Darshanpurwa, Kanpur (hereinafter referred to the as 'disputed premises') was alloted to the Petitioner in the year 1957 thereafter, the disputed premises was purchased by one Gaya Prasad who filed a suit No. 1187 of 1966 for arrears of rent and ejectment against the Petitioner and the said suit was decreed against the Petitioner. In pursuance of the execution proceedings (Execution Case No. 197 of 1968) the Petitioner was evicted from the disputed premises and the decree holder got the possession thereof. The Petitioner, however, after vacating the premises again forcefully occupied the disputed premises, therefore, a Suit No. 526 of 1976 was filed by Gaya Prasad on 26.8.1981 for possession and damages for the use and occupation. The said suit was decreed on 26.8.1981 but the said decree was not executed, as a result whereof the Petitioner continued in the possession over the disputed premises. The said premises was subsequently sold by Gaya Prasad vide sale-deed dated 13.12,2006 to the Respondent Nos. 3 and 4, Anil Kumar Agrawal and Smt. Kanchan Agrawal.