AMAR NATH Vs. NOOR ILAHI ALIAS NOORAN

JUDGEMENT

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

(2.) THE petitioner has filed this writ petition praying for a writ of certiorari quashing the impugned judgment and order dated 3-12-2005 passed by the Additional District Judge, Court No. 7, Saharanpur allowing the Rent Control Appeal No. 34 of 1998 filed by the respondents against the judgment and order passed by the Prescribed Authority, Saharanpur dated 16-10-1998 rejecting the release application filed by the respondents.

(3.) THE petitioner-tenant contested the release application by filing a written statement stating that after the death of Abdul Rehman the rent was always realized by his widow Smt. Noor Ilahi at the rate of Rs. 200/- p. m. It was denied by him that the shop was transferred in favour of respondent No. 2 also by deceased landlord Abdul Rehman by executing a Hibanama for want of knowledge. THE petitioner claimed to have never been informed about any Hibanama alleged to have been executed on 15-12- 1976 by the deceased Abdul Rehman, the landlord, in respect of his property in favour of respondent Nos. 1 and 2.