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2007 Supreme(All) 741

RAN VIJAI SINGH, B.S.CHAUHAN
SATYA NARAIN KAPOOR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


B. S. CHAUHAN, RAN VIJAI SINGH, JJ.

( 1 ) THIS case has a chequered history, as it has earlier been decided by this court and the Honble Supreme Court has set-aside the said judgment and order and remanded the case for deciding a fresh. This petition has been filed for seeking the relief of quashing the order dated 31/10/1991 passed by the A. D. M. (Nazul), Allahabad to put the property in dispute for auction for the purpose of allotment rejecting the application of the petitioner for allotment on the ground of his continuous possession, as the original lessee has violated the terms of the lease inducting the petitioner illegally.

( 2 ) FACTS and circumstances giving rise to this case are that the shop in dispute was originally allotted to Smt. Wahidun Bibi (Now deceased) widow of late Sri Abdul Aziz by Nazul Department Nagar Mahapalika Allahabad. In 1973 she inducted the petitioner in the said shop to meet her expenses and since then the petitioner claims to be in possession of the said shop. The said lessee Smt. Wahidun Bibi died on 27/12/1984 issueless. After her death one person by name Sri Riaz Ahmad (non party) applied for transfer of lease of the said shop in his favour clai



































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