MOHD. INAM Vs. HIMANSHU SHARMA

JUDGEMENT

(1.) Heard Sri Arvind Srivastava, learned counsel for the petitioner and Sri Rajesh Misra, holding brief of Sri Vikrant Pandey, appearing on behalf of the respondent.

(2.) By means of the present petition, the petitioner is challenging the order of the Judge Small Causes Court, Saharanpur, dated 29th March, 2013, passed in SCC Case No. 2 of 2004, Himanshu Sharma Vs. Mohd. Inam and the order passed by the Revisional court dated 18th May, 2013, passed by the Additional District Judge, Court no. 3, Saharanpur.

(3.) Brief facts, giving rise to the present writ petition, are that one Atar Singh was the owner of the house in which the shop in dispute is situated. Said shop was let out to to the petitioner, against the registered rent deed dated 13th Aug., 1990, on a rent of Rs. 350.00 per month, which has subsequently been enhanced to Rs. 450.00 per month. Atar Singh, executed a registered will deed dated 16th Nov., 1996, in favour of his sons, namely, Sansar Singh and Anil Kumar @ Samar Singh in respect of the house in which the shop in dispute is situated and upon the death of Atar Singh, both Sansar Singh and Anil Kumar @ Samar Singh became owners of the house in dispute including the shop in question.