RAM BHAJAN NIGAM Vs. HEMANT KUMAR NIGAM

JUDGEMENT

(1.) -Heard learned counsel for the parties and perused the record.

(2.) THIS petition under Article 226 of the Constitution has been filed challenging the validity and correctness of the judgment and order dated 18.11.2006, passed by the Judge Small Cause Court/Civil Judge (Senior Division), Banda, in S.C.C. Case No. 6/2000, Hemant Kumar Nigam v. Ram Bhajan Nigam, and the judgment and order dated 23.4.2007, passed by the Additional District Judge, Court No. 1, Banda in Civil Appeal No. 3/2006, Ram Bhajan Nigam v. Hemant Kumar Nigam.

(3.) THE petitioner contested the release application on the ground that the respondent was not owner and landlord of the accommodation in dispute and in fact the petitioner himself was the owner. THE case set up by the petitioner before the trial court in his written statement is that the Zamindari has not been abolished in District Banda and that he had constructed the house with the permission of the Zamindar and is in occupation of the house since 1938. He further claims that Smt. Narayani Devi and Smt. Jai Devi had no right or authority to sell the aforesaid house to the petitioner and the application has been moved with oblique motive to harass and evict the petitioner who had never been his tenant.