SHRI RAM MARATHA Vs. RAJ DEVELOPERS AND BUILDERS

JUDGEMENT

(1.) Heard Sri Dharampal Singh, learned Senior Advocate assisted by Sri Siddharth Niranjan, learned counsel for the petitioner/defendant.

(2.) This writ petition has been filed praying for the following relief:

(3.) Briefly stated facts of the present case are that respondent no. 1, is the owner and landlord of House No. 54/45, Nayaganj, Kanpur Nagar, which is a partnership firm. The said firm moved a release application before the Prescribed Authority/City Magistrate, Kanpur Nagar under Sec. 16(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 praying for release of the disputed portion of the aforesaid house. In the said application, the respondent no. 1/landlord stated that he has purchased the house from Ved Prakash Agarwal and others by registered sale deed dated 01.02.2014 and to commence business the partner Raj Kumar Sanghi needs the disputed portion of the house. It has also been mentioned in the application that the disputed premises is in unauthorized occupation of the petitioner which was declared vacant in Rent Case No. 111 of 2012 (Mahendra Kumar Pandey Vs. Shri Ram Maratha) passed by the Prescribed Authority on 11.08.2003. The petitioner, herein, had filed objection in the said release application which is pending. It further appears that one Sri Rakesh Gaur (respondent no. 2) has also filed an application dated 29.04.2016 before the Prescribed Authority for allotment of the disputed premises which has been numbered as Case No. 41 of 2016 which is said to be pending. Now at this stage, the present petitioner has filed this writ petition praying for the relief as afore quoted.