HANS KUMAR Vs. MADAN GOPAL RASTOGI

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. 2. This writ petition is directed against the order and judgment dated 5.3.2011 passed by the Prescribed Authority/Civil Judge (Senior Division), Meerut in P.A. Case No. 08 of 2005, appended as Annexure-7 to the writ petition. The petitioner has prayed for a writ of certiorari quashing of the aforesaid order and also a writ of mandamus commanding the Prescribed Authority/Civil Judge (Senior Division), Meerut to implead the petitioner as party to the proceedings and to hear and decide the P. A. Case No. 08 of 2005 in accordance with law.

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(3.) The facts averred by the petitioner in the writ petition are that he along with respondents no. 1 to 4 are the co-owner and landlord of Shop No. 439 (part of building no. 96), Sarrafa Bazar, Meerut. Shyam Saran, respondent no. 5 is the tenant in the said shop ; that Shop No. 439 along with other Shops 435 to 438 were the property of one Smt. Sharbati Devi, W/O Sri Budh Prakash and were purchased by Smt. Dayawati W/o Sri Radhey Lal, Sri Krishna Gopal Rastogi, Sri Madan Gopal Rastogi, Sri Shyam Lal and Sri Vijay Pal Rastogi vide registered sale-deed in the year 1969. It is also averred that each of the aforesaid Vendees had 20% share each in the said shops. On the death of Smt. Dayawati her 20% share devolved upon her sons and daughter and consequently the share of Krishna Gopal and other Vendees increased to 24% each while the share of the daughter Jai Mala Rastogi came to 4%.