RAJESH TANDON
KIRAN KUMAR SAHNI – Appellant
Versus
CHIEF JUDICIAL MAGISTRATE NAINITAL – Respondent
By the present writ petitions, the pe titioners have prayed for a writ of certiorari quashing the order dated 06-05-2004 passed by the Chief Judicial Mag istrate, Nainital.
2. Briefly stated, Municipal Board, Haldwani leased out two shops bearing No. 381 and 382 at Mangal Parao in fa vour of Sri Inder Raj Sahni (respondent no. 2) who is elder brother of petitioner no. 1 and real uncle of petitioner no. 2.
3. Sri Inder Raj Sahni transferred his tenancy rights over shop no. 382 in favour of Sri Jagmohan Lal Sahni (since deceased) (father of the petitioner no. 2) for a consideration of Rs. 15,000/- by means of transfer deed dated 06-05-1991. Another deed was executed on 06-05-1991 in favour of Sri Kiran Kumar Sahni, whereby tenancy rights over shop no. 381 were transferred. In both the deeds, it was specifically mentioned that the transferee may get his name entered in municipal records as lessee.
4. In pursuance of the aforesaid transfer deeds, petitioners applied for entering their names in municipal records as lessee in respect of shops No. 381 and 382 and their applications were ul timately considered by the Marketing Committee of the Municipal Board in its meeti
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