PANNA LAL Vs. HARENDRA KUMAR GUPTA

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This petition has been filed challenging the validity and correctness of the order dated 16.7.2010 passed by District Judge, Mathura in P.A. Appeal No. 4 of 2010, Harendra Kumar Gupta (deceased) v. Panna Lal (deceased). The petitioner has also prayed for a writ in the nature of mandamus commanding the respondents not to evict him from the property in dispute to the extent of four feet in width in it.

(3.) It appears that Harendra Kumar Gupta filed a petition under Section 21(1)(a) of U.P. Act No. 13 of 1972 against the petitioner which was registered as P.A. Case No. 10 of 1996, Harendra Kumar Gupta v. Panna Lal, alleging that applicant therein is owner and landlord of the property in dispute, of which Panna Lal was tenant at the rate of Rs. 50/- per month. It was claimed by the respondent landlord that width of main door for his ingress and egress is only "2.3" feet through the gallery adjacent to the shop in dispute and that he required atleast 4 feet more width in the gallery from the shop under tenancy of the petitioner so as to have passage for his car for parking on the land behind the shop for which there was no other parking space.