LAL CHAND Vs. YOGESH CHANDRA RAJVEDI ETC.

JUDGEMENT

(1.) -Briefly stated the facts giving rise to this petition under Art. 226 of the Constitution are that one Smt. Saraswati Devi, widow of Sri Harish Chandra was residing in house No. 119/69-A, Nasimabad-Kanpur, along with her son Yogesh Chandra and Smt. Shakuntala Devi widow of her pre-deceased son named Brijesh Chandra. These three persons occupied different portions of the house. Whereas Smt. Saraswati Devi and Yogesh Chandra occupied portions on the ground floor of the house, Smt. Shakuntala Devi occupied portion of the house on the first floor.

(2.) On 23rd Nov., 1979 Smt. Saraswati Devi, claiming herself to be the owner of the house executed registered sale deed and conveyed the house to the petitioner Sri Lal Chand. In the sale deed she recited that she had delivered possession of the portion of the house in her occupation to the vendee and had directed her son and daughter-in-law to vacate the portions of the house in their possession. In case her son and daughter-in-law failed to vacate the portions of the house in their possession, the vendee could have them evicted through court or in any other manner he deemed fit and proper.

(3.) On 15th Dec., 1976 petitioner Sri Lal Chand moved an application under Sec. 16 (1) (b) of U. P. Act 13 of 1972 praying for the release of the portion of the house in occupation of Yogesh Chandra and Shankutala Devi in his favour. He claimed that the said portion, being in unauthorised occupation of Yogesh Chandra and Shakuntala Devi was legally vacant and was available for being released in his favour.