AVADH NARAIN NISHED Vs. P.D.FAIZABAD

JUDGEMENT

(1.) Heard Sri S.K. Mehrotra, learned counsel for the petitioner and Sri R.K. Srivastava, learned counsel for contesting respondents in both the writ petitions.

(2.) Initially one Raghubir Sahai was tenant of part of the accommodation in dispute, which had been allotted to him by R.C. & E.O. under Section 16 of U.P. Act No.13 of 1972. Smt. Satyawati Devi was the landlady. Release application under Section 21 of U.P. Act No.13 of 1972 was filed by Smt. Satyawati Devi against Raghubir Sahai on 15.06.1988, which was allowed on 03.10.1988. Thereafter, on 25.11.1988 execution application under Section 23 of the Act was filed by Smt. Satyawati Devi against Raghubir Sahai before the Prescribed Authority. Smt. Satyawati Devi died on 21.10.1989. Original respondent No.2, Virendra Prasad Shah filed substitution application on 10.11.1989 stating therein that he was son in law of Smt. Satayawati Devi and she had executed a registered Will in his favour on 20.07.1989.

(3.) It was the case of Smt. Satyawati Devi/ Virendra Prasad Shah that in December, 1988, petitioner had illegally been handed over possession by Raghubir Sahai who had shifted in his own newly acquired/ constructed house.