MOHD. SHAHID Vs. FAROOQ ANWAR AND OTHERS

JUDGEMENT

(1.) THIS writ petition is directed against the judgment and order dated 11.4.2012 (Annexure 21 to the writ petition) passed by Prescribed Authority/A.C.M.M., Court No. 5, Kanpur Nagar in Rent Execution Case No. 5/23 of 1990 arising out of Rent Case No. 123 of 1989, Rafiq Hussain v. Iqbal Ahmad and order dated 6.12.1989 (Annexure 8 to the writ petition) passed by the Prescribed Authority/Second Additional Civil Judge, Kanpur Nagar in Case No. 123 of 1989, Rafiq Hussain v. Iqbal Ahmad. An application under section 21(1)(a) of the U.P. Act No. 13 of 1972 (in short "Act") was filed by Rafiq Hussain (father of the respondents No. 1 to 6) against Iqbal Ahmad on the ground of bona fide and genuine need. The said application was allowed in terms of the compromise entered into between the parties by the Prescribed Authority by order dated 6.12.1989. When the property in dispute was not handed over by Mohd. Iqbal, an Execution Application No. 5/23 of 1990 under section 23 of the Act was filed on 13.4.1990. In the meantime, one declaratory suit was also filed by Rafiq Hussain against the erstwhile owner which was numbered as Suit No. 37 of 1992, Rafiq Hussain and another v. Munir Ahmad. The said suit was decreed in favour of Rafiq Hussain by judgment and order dated 30.9.1992 by the 5th A.C.M.M., Kanpur Nagar. The petitioner who was a third party after a lapse of more than 20 years filed his objection to the Execution Application filed under section 23 of the Act before the Court below which was dismissed by order dated 11.4.2012. Hence the present writ petition.

(2.) HEARD Sri Ramendra Asthana, learned Counsel for the petitioner, Sri Krishna Shankar, learned Counsel for the respondent and perused the record.