SUNIL KUMAR @ SUNIT Vs. KRISHNA KUMAR AGRAWAL

JUDGEMENT

(1.) Heard Sri Divakar Rai Sharma, learned counsel for the petitioner.

(2.) The petitioner is a tenant in the shop in question bearing municipal no. 7/3, Patthar Bazar City Koli, District Aligarh. The shop in question was purchased by the respondent and his three brothers jointly vide sale deed dated 25.6.1994. In the family settlement the shop in question initially came to the share of one of the brothers Gopal Prasad Agrawal. Later, on the death of their mother in the revised family settlement between the brothers dated 1.9.2011 the shop fell into the share of the respondent Krishna Kumar Agrawal. Accordingly, he applied under Sec. 21 (1) (a) of U.P. Act No. 13 of 1972 for the release of the said shop.

(3.) In the said release application petitioner moved application that initially Gopal Prasad Agrawal had filed a suit for arrears of rent and eviction against him and in the said suit the respondent had moved application for his impeadment which was rejected by the courts below. Accordingly, he preferred SCC Revision No. 534 of 2013 which is pending for consideration before the High Court. Therefore in view of pendency of the said revision, the proceedings of the release application should be kept in abeyance.