WAKILA BEGUM Vs. KESAR AZIZ

JUDGEMENT

(1.) This writ petition has been filed by the petitioners under Article 226 of the Constitution of India, inter alia praying for quashing the order dated 2.11.2002 (Annexure-14 to the writ petition) passed by the Additional District Judge (Court No. 9), Saharanpur in a Rent Control Appeal No. 177 of 1993 and the order dated 5.11.1993 (Annexure-11 to the writ petition) passed by the Prescribed Authority/lst Additional Civil Judge, Saharanpur in P. A. Case No. 21 of 1990.

(2.) The dispute relates to a shop situated in Qutub Sher, district Saharanpur, the details whereof have been given in the release application referred to hereinafter. The said shop has hereinafter been referred to as the "disputed shop".

(3.) It appears that the respondent Nos. 1 to 4 filed a release application under Section 21 (1) (a) (b) of the U. P. Act No. XII! of 1972 (in short "the Act") in respect of the disputed shop against Mohd. Yaseen, predecessor-in-interest of the petitioners for the release of the disputed shop. By the release application, release of shop marked ^^v**in the release application in the said premises under tenancy of Krishna Lal Madan and the release of shop marked ^^l**in the release application in the said premises under tenancy of Mohd. Haroon were also sought. The said release application was registered as P.A. Case No. 21 of 1990. (A copy to the said release application has been filed as Annexure-1 to the writ petition). The said release application was contested by the said Mohd. Yaseen as well as Krishna Lal Madan and Mohd. Haroon.