(1.) The dispute between the parties in this writ petition is about the possession of a shop which is part of a building having number of shops on the ground floor and a residential accommodation on the first floor situate in Mohalla-Asifganj, Azamgarh.
(2.) One Radhey Shyam and Ghanshyam Das together vide registered agreement dated 7.3.1962 let out the shop in dispute to Jagdish Prasad, father of the petitioner for a fixed period of 6 years w.e.f. 1.3.1962 on a rent of Rs. 67.50 paise per month.
(3.) On the death of Radhey Shyam in 1964 a dispute arose between the family members of the Ghanshyam Das and the heirs of Radhey Shyam as to the entitlement to receive rent of the above shop. Therefore, Jagdish Prasad, predecessor in interest of the petitioner filed an interpleader suit no. 101 of 1965 against all of them contending that he is ready and willing to deposit rent in Court and that he should be absolved of the liability to pay the rent to any of them till they settle their dispute regarding entitlement of rent in connection thereto. In the said suit an order was passed on 21.3.1968 permitting Jagdish Prasad to deposit rent in court subject to his legal rights. The said suit was finally decided on 13.4.1993 in terms of compromises dated 4.9.1991, 26.11.1991 and 22.3.1993.
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