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2010 Supreme(All) 773

S.S.CHAUHAN
Ramesh Chandra Mishra – Appellant
Versus
Prescribed Authority Civil Judge (Senior Division), Court No. 10, Raibareli – Respondent


JUDGMENT

Hon'ble S.S. Chauhan, J.

The present petition has been filed for quashing of the proceedings of P.A. Execution Case No.21 of 2005 including the judgment dated 24.8.2009 passed by the opposite party no.1 and further a writ of mandamus to the opposite party no.1 not to proceed with P.A. Execution Case No.21 of 2005 and not to evict the petitioners from the premises in dispute.

2. The facts in brief, which give rise to the present petition are that a shop situate at Station Road, Raibareli on nazul plots no.1488, 1491 and 1492 of which Ram Swaroop, grandfather of the petitioners was tenant and after his death, the tenancy was inherited by their father late Krishna Nand Mishra. Plot Nos.1489, 1490, 1493, 1494 and 1495 are nazul plots and lease in respect of all these plots were given to Gauri Shanker and Laxmi Narain with effect from 1.9.1919 to 31.3.1949. Subsequently, Laxmi Narain sold his lease hold rights in the aforesaid plot nos.1488, 1491 and 1492 under a registered sale deed with the permission of the Collector in favour of Mangali Prasad, which was granted for a period of 30 years with effect from 1.4.1949 to 31.3.1979, but Mangali Prasad did not apply for renewal of














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