LAXMI PRASAD Vs. DISTRICT JUDGE SULTANPUR

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, learned Senior Advocate assisted by Mohd. Aslam Khan, learned counsel for the petitioner, learned Standing Counsel appearing for respondent no.1 and Sri M.A. Rizvi, Advocate holding brief of Sri S.K. Mehrotra, learned counsel for the respondent no.2.

(2.) By means of the present writ petition, the petitioner has prayed for the following reliefs:

(3.) Facts of the case are that the dispute pertains to a shop situated on the ground and first floor of House No.231 (Old No.215) in Mohalla Majorganj, Sultanpur City. The opposite party no.2 is tenant of a room on the ground floor and first floor on a monthly rent of Rs.51/-. It was the case of the petitioner in the application for release that in a suit for partition between him and Smt. Shanti Devi which was decided vide judgment dated 28.3.1986 by this Court, eastern half portion of House No.231 was allotted in his share, while western half portion was allotted to Smt. Shanti Devi, as a result whereof, eastern portion of House No.215 was renumbered as 231, while western portion as 230 in the Municipal Records. It was also stated that the opposite party no.2 owns and possesses two big houses i.e. House No.1273 situated in Mohalla Khairabad on Sultanpur-Allahabad Highway and House No.525 situated near Shahganj Crossing, Sultanpur City. The said house is three storied building in which there exists five shops on the ground floor which were let out by the opposite party no.2 on higher rent.