VINESH KUMAR Vs. SAGHIR AHMAD

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the judgment and order dated 22.10.2002, passed by the learned Additional District Judge, (Court No. 3), Meerut (Annexure -6 to the writ petition) and the judgment and order dated 31.8.2002, passed by the learned Judge, Small Cause Court/Prescribed Authority. Meerut (Annexure -5 to the writ petition).

(2.) THE dispute relates to a shop situated in Mohalla Sarai Afganan, Kasba Sarthana, District Meerut, the details whereof have been given in the release application. The said shop has, hereinafter, been referred to as 'the disputed shop'.

(3.) IT was, inter alia, alleged in the said release application that as a result of partition of the property between the landlord -respondent and his brother Qadeer Ahmad, the disputed shop fell to the share of landlord respondent ; and that the petitioner was the tenant of the disputed shop ; and that the landlord -respondent used to do the work of Rajgiri ; and that the sons of the landlord -respondent were unemployed ; and that there was no shop available to the landlord -respondent for settling his sons in business. A copy of the release application has been filed as Annexure -1 to the writ petition.