LAXMI NARAIN SAHU Vs. A.D.J.

JUDGEMENT

(1.) At the time of hearing, no one appeared on behalf of contesting respondents (legal representatives of respondent no.2). Even though the case was taken up in the revised cause list. Accordingly the arguments of learned counsel for the petitioners were heard.

(2.) Petitioner no. 2 M/s Firm Chandu Lal Nagar Mal through petitioner no.2(1) to 2(4) is the tenant. Other petitioners are rival claimants to the ownership of the accommodation in dispute. Release application under Section 21 of U.P. Act No. 13 of 1972 was filed by original respondent no. 2 Prem Chand Sahu son of Nand Kishor Sahu since deceased and survived by legal representatives. In the release application, copy of which is Annexure 9 to the writ petition tenant petitioner no. 2 was impleaded as opposite party no.1 and Laxmi Narain Sahu petitioner no.1 was impleaded as opposite party no. 2.

(3.) Landlord applicant Prem Chand Sahu was nephew of opposite party no. 2/petitioner no. 1 Laxmi Narain Sahu. Initially the accommodation in dispute belonged to the three brothers i.e. petitioner no.1 Laxmi Narain Sahu, Nand Kishor Sahu father of applicant respondent no. 2 Prem Chand Sahu and Jamuna Prasad Sahu (petitioners no. 5 to 7 are his legal representatives). Through an arbitration award of 1964 partition of the accommodation in dispute took place between the three brothers which was made rule of the Court on 1.6.1967. In the award it was provided that if certain amount which was payable by Nand Kishor to Laxmi Narain Sahu was not paid within the time fix therein, share of Nand Kishor would go to Laxmi Narain Sahu. Default was committed by Nand Kishor hence decree dated 1.6.1967 was put in execution (Execution Case No. 20 of 1970) and in the execution possession was delivered to petitioner no.1, through order dated 29.8.1970. Nand Kishor Sahu challenged the arbitration award through Civil Suit No. 247 of 1964 which was dismissed on 17.12.1970 by Munsif, Sitapur against which Civil Appeal No.11 of 1971 was filed which was dismissed on 24.5.1976.