LAWS(ALL)-2015-10-108

MOHAMMAD SHAKEEL KHAN Vs. IZHARUL ANSARI

Decided On October 16, 2015
Mohammad Shakeel Khan Appellant
V/S
Izharul Ansari Respondents

JUDGEMENT

(1.) The petitioner-tenant is assailing the order dated 16 December 2014, passed in Rent Appeal No. 64 of 2014 arising from an order, passed in Rent Case allowing the release application of the disputed property in favour of the respondent-landlord.

(2.) The claim set up by the respondent-landlord was that a portion of the property being House No. 132/397 admeasuring 481 sq. yard was purchased from Sahnaz Begum by registered sale deed dated 16 May 2005, thereafter, upon serving six months notice, the respondent-landlord filed release application setting up a bona fide need for the premises for the need of his family members, stating therein, that the respondent is residing along with his father in a tenanted house in one room along with his wife and children, hence need for the premises.

(3.) The release application was contested by the petitioner-tenant stating that the respondent is neither owner nor landlord, the petitioner purchased a portion of property from the erstwhile owner Sri Rameshwar Prasad in the name of his wife Malka, through a document of transfer being unregistered notarized deed dated 7 February 2000.