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2011 Supreme(All) 475

RAKESH TIWARI
Kamla Prasad – Appellant
Versus
Kusum Rani – Respondent


JUDGMENT

Hon'ble Rakesh Tiwari, J.

Heard learned counsel for the parties and perused the record.

Supplementary affidavit filed along with certified copy of the order is taken on record. Learned counsel for the respondent submits that supplementary counter affidavit is not required.

2. This writ petition has been filed challenging the validity and correctness of the judgment & order dated 18.01.2010, passed by the Prescribed Authority/Civil Judge (J.D.) Ballia West in P.A. Case No. 04 of 2004 : Kusum Rani & others vs. Kamla Prasad, as well as judgment and order dated 12.08.2010, passed by the District Judge, Ballia in Rent Control Appeal No. 01 of 2010: Kamla Prasad Vs. Kusum Rani & others. The aforesaid two judgments, have been appended as Annexures 3 & 5 to this writ petition, respectively. A writ of mandamus has also been sought for restraining the respondents from dispossessing the petitioner from the shop in dispute pursuant to the impugned judgment and orders dated 18.1.2010 and 12.8.2010.

3. The brief facts of the case are that the respondent IInd set, Dr. Mohd. Obaidullah, who is said to be actual owner of the premises in question, gave a shop in dispute with small room at t































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