RAFIQUNNISA Vs. ABDUL WAHEED

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) THIS writ petition has been filed for quashing the order dated 15-3-2002 passed by Addl. District and Sessions Judge, Court No. 8, Kanpur Nagar in Rent Appeal No. 14 of 1998 Smt. Rafiquinnisa and Ors. v. Abdul Waheed and Ors. , and order dated 20-12-1997 passed by Chief Judicial Magistrate/prescribed Authority, Kanpur Nagar in Case No. 10 of 1992 Abdul Waheed v. Smt. Rufiquinnisa and Ors.

(3.) ATTENTION has been drawn by Counsel for the respondents to paragraph 14 of the writ petition where it has been pointed out that proforma respondent No. 7, real son of the petitioner No. 1 has taken an accommodation in premises No. 131/33 Begam Purva, Kanpur in his own personal capacity and he along with his family members is residing in the said accommodation though it is stated by the petitioners that they have no concern with the said accommodation. The following reply to paragraph 14 of the writ petition has been given in paragraph 12 of the Counter Affidavit : " (12) That from the judgment of the learned District Judge in Rent Control Appeal No. 134 of 1981 filed as Annexure No. 9 to the writ petition, it is clear that the petitioners have got their own house No. 88/178 Shaliabad Kanpur as well as House No. 131/21 Begumpurwa Kanpur. "