MANJU AGRAWAL Vs. A.D.J. MEERUT

JUDGEMENT

(1.) Heard Sri Prahalad Khare, learned counsel for petitioner, Sri M.I. Khan, learned counsel for respondents and perused the record.

(2.) Aggrieved by order dated 30th July, 2001, passed by Estate Officer, Meerut Cantt in purported exercise of power under Section 5-B(1) of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as 'Act, 1971'), and order dated 01.02.2003, passed by Appellate Authority/Additional District Judge, Court No. 13, Meerut, dismissing appeal, the petitioner has come to this Court by means of present writ petition filed under Article 226 of the Constitution of India, seeking, writ of Certiorari for quashing aforesaid two orders and also has sought a mandamus, commanding respondents not to interfere in her possession over the property in dispute.

(3.) Dispute relates to House No. 254/256, Dayanand Bazar, Naya Bazar, Sadar, Meerut Cantt, Meerut. It is said that aforesaid house was transferred by sale, by one Hazi Ashiq Ilahi to Smt. Basanti Devi, (mother-in-law of petitioner), vide sale deed dated 15.07.1940, duly registered under the Registration Act, 1908. Therein Sri Ilahi claimed aforesaid house, to be a free hold property, and mentioned this fact in the sale deed. Smt. Basanti Devi executed a will dated 30th June, 1997 in favour of petitioner. Hence, after her (Smt. Basanti Devi) death, petitioner succeeded the aforesaid house and got her name mutated in the record of local body.