ARUN PRAKASH AND ORS Vs. PRAKASH AZAD

JUDGEMENT

(1.) Heard Sri Yogesh Agarwal, learned Counsel for the petitioner-tenants and Ms. Tulika Prakash Advocate for the respondent-landlord.

(2.) The judgment and orders impugned in the instant writ petition are dated 30.4.2007 passed by the Prescribed Authority/Additional District Judge (Senior Division), Court No. 13, Allahabad in P.A. Case No. 5 of 2004 and judgment and order dated 7.3.2008 passed by the Additional District Judge, Court No. 2, Allahabad in Rent Appeal No. 94 of 2007.

(3.) The dispute relates to an accommodation House No. 244/105, Tagore Town, Allahabad (hereinafter referred to as the disputed accommodation) which is an old construction consisting of courtyard, four rooms on ground floor, two store rooms, one kitchen, latrine and bathroom and a lawn measuring 94 ft. x 30 ft. The disputed accommodation was allotted to the petitioner's mother in the year 1960 by Rent Control & Eviction Officer, Allahabad and rent fixed was Rs. 60/-. At the relevant time the landlord and owner was Sri H.S. Ghosh and after his death, his son Ravi Ghosh stepped in his shoes. Subsequently a family settlement between family members was arrived at and disputed accommodation came in the share of daughter of Sri H.S. Ghosh Smt. Pradeepta Pradhan. She sold the disputed accommodation on 30.10.1984 to Smt. Rama Lal by means of a registered sale deed. Subsequently Sri Prakash Azad respondent got an agreement to sell executed Benami in the name of Sri Sri Arun Chandra Dubey from Smt. Rama Lal and a registered power of attorney was also executed by her in favour of Sri Anand Ghildiyal. Subsequently a sale deed was executed on 19.7.2000 in favour of Sri Prakash Azad who became the sole landlord and owner.