SABIR HUSSAIN Vs. ALLAHTALA OWNER WAQF ALAL-AULAD

JUDGEMENT

(1.) S. P. Mehrotra, J. The present writ petition, under Article 226 of the Constitution of India, has been filed, inter-alia, praying for quashing the judgment and order dated 29th July, 2003 (Annexure 1 to the writ petition) passed by the learned Additional District Judge, Court No. 9, Moradabad (Revisional Court) and the judgment and order dated 21st March, 2003 (Annexure 2 to the writ petition) passed by the learned Judge, Small Cause Court, Moradabad.

(2.) THE dispute relates to a shop, situate Kazi Shaukat Hussain Road, Rafatpura Faizganj, Moradabad, the details whereof are given in the plaint of the suit referred to hereinafter. THE said shop has, hereinafter, been referred to as "the disputed shop".

(3.) IT was, inter-alia, stated in the said written statement that the provisions of the U. P. Act No. 13 of 1972 (hereinafter also referred to as "the Rent Act") were applicable to the disputed shop; and that the suit was barred by Section 114 of the Transfer of Property Act.