LAWS(ALL)-2012-11-27

HAJRA BEGUM Vs. MANSOOR ALI

Decided On November 23, 2012
Hajra Begum Appellant
V/S
MANSOOR ALI Respondents

JUDGEMENT

(1.) Heard Sri W.H. Khan, learned Senior Advocate assisted by Sri J.H. Khan, learned counsel for the petitioner and Sri Iqbal Ahmad, learned counsel for respondent no. 1.

(2.) This is a tenant's writ petition. Respondent no. 1 is the owner and landlord of the building in dispute which consists of one room, i.e., a shop, in premises No. 88/373A (New No. 88/390), Humayunbagh, Kanpur Nagar.

(3.) It is not in dispute that the shop in question was initially under tenancy of one Mohd. Ismail. The building was owned by somebody else and purchased by respondent no. 1, Sri Mansoor Ali vide sale deed dated 10.05.1985. He served a notice upon petitioner-tenant sometime in 1999 i.e. after the death of Sri Mohd. Ismail, and devolution of tenancy rights upon his legal heir(s).