NIGHAT NASEEM Vs. RAJ KUMAR

JUDGEMENT

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

(2.) THE petitioner claims to be daughter of Mohd. Mustafa Khan. She is married to one Aftab Ahmad and is residing with him at 349, Khalapar Dakshini, Muzaffarnagar. THE dispute in this writ petition is regarding rent and eviction of respondent Nos. 3 to 5 from the shop in dispute. Respondent Nos. 3 and 4 are sons of Mohd. Mustafa Khan whereas respondent No. 5 is the wife of Mohd. Mustafa Khan. All the three respondents 3 to 5 are residents of 501, Khalapar, Muzaffanagar. Thus, the petitioner is sister of respondent Nos. 3 and 4 and daughter of respondent No. 5 Smt. Shamim Bano and Mohd. Mustafa Khan.

(3.) THE petitioner submits that after the death of Jameel Khan all his heirs and legal representatives became joint tenants and after the death of Mohd. Mustafa Khan the petitioner being his daughter was entitled to be substituted in his place and since the petitioner was not made a party to the proceedings, the proceedings are bad and the executing Court ought to have decided the objection before passing the impugned order. THE petitioner claims to be tenant under Section 3 of U. P. Act No. XIII of 1972 and ought to have been impleaded as a party to the proceedings and the objection of the petitioner was liable to be decided before passing the impugned order.