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2003 Supreme(All) 2616

S.U.KHAN
RIBHA DEVI – Appellant
Versus
RENT CONTROL AND EVICTION OFFICER – Respondent


S. U. KHAN, J.

( 1 ) DISPUTE of title in between petitioners and respondent No. 2 is sought to be resolved in release proceedings under Section 16 of U. P. Act No. 13 of 1972. Admittedly, late Raj Nath was owner of the house of which the property in dispute is a portion. The four petitioners are his daughters. Respondent No. 2 has purchased the entire house from Pyare Lal and Ram Dulare who are nephews of late Raj Nath. Pyare Lal and Ram Dulare claimed that Raj Nath had gifted the house in dispute to them in the year 1952. Dispute regarding the said gift deed had arisen in between raj Nath and his nephews during the life time of Raj Nath. The parties litigated before municipal corporation authorities in mutation proceedings. However, said proceedings and orders passed therein are not at all relevant for deciding the question of title. Pyare Lal sold northern portion of the house to respondent No. 2 through sale deed dated 24. 2. 1987 and his brother Ram Dulare sold southern portion to respondent No. 2 through sale deed dated 20. 9. 1996. Regarding northern portion, respondent No. 2 filed release application under Section 16 (b) of the Act against some of the petitioners. A lot of l








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