SHYAM SUNDER AGARWAL Vs. PRESCRIBED AUTHORITY MATHURA

JUDGEMENT

(1.) BY means of this petition, under Article 226 of the Constitution of India, petitioner challenges the validity of the order dated 5.11.1993, whereby the application filed by the petitioner for dismissing the release application on the ground that before filing the said application six months' notice was not given, has been rejected by the Prescribed Authority.

(2.) IT appears that respondent Nos. 2 and 3 have filed the release application under Section 21 (1) (a) of U. P. Act No. XIII of 1972, for short 'the Act', pleading that they were the landlords of the building in question. Respondent No. 2 claims his right on the basis of a document dated 28.8.86, which was alleged to be a will executed by Smt. Somwati Devi in his favour.

(3.) THE Prescribed Authority after taking the view that the document in question could not be said to be a sale-deed inasmuch as there was nothing on record to show that monetary consideration was paid for the property in dispute, which was necessary for execution of a sale-deed, dismissed the application filed by the petitioner vide its order dated 5.11.1993. Petitioners, thereafter filed the present petition challenging the said order.