MUNNA JAFARI Vs. DISTRICT MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitute of India.

(2.) THE petitioner carries on the business of shoes. Respondent no. 3 is the Mutwalli of the mosque, which is a waqf property. THE petitioner and respondent no. 3 entered into an agreement on 30th April, 1981. It has been attached as Annexure ' I ' to this petition. In pursuance of this agreement, the petitioner entered into possession of the kothri in dispute and started his business therefrom.

(3.) LEARNED counsel for the petitioner states that there was no proceedings pending before the City Magistrate under the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the order has been passed by the City Magistrate, Allahabad, merely on the basis of the application moved by the respondent no. 3 and, as such, it is stated that the order is without jurisdiction.