1. Small Cause Suit No. 32 of 1997 instituted by petitioner claiming himself to be the owner and landlord of House No. 3, Minto Road, Allahabad having been dismissed by Small Cause Court, Allahabad vide judgment dated 21.09.1999 and thereagainst petitioner's Civil Revision No. 1302 of 1999 having been dismissed by Additional District Judge, Court No. 17, Allahabad vide judgment dated 05.12.2005, this writ petition has been filed seeking a writ of certiorari for quashing the said two judgments and orders and further a mandamus is sought to decree the suit directing eviction of respondent no. 3 from the disputed premises.

2. The brief facts necessary to understand the dispute for proper adjudication are as under.

3. The land over which building in dispute was constructed is a Nazul land, leased out to one Sri H.J. Jokim, vide registered lease deed dated 30.06.1941. The area of leased out land was two acres and two poles, i.e., 8144.03 squire meters. After the death of Sri H.J. Jokim, names of legal heirs were mutated vide Administrator, Nagar Mahapalika, Allahabad's order dated 05.03.1957.

4. The aforesaid lease holders subsequently sought permission which was allowed by Collector, Allahabad vide letter dated 05.07.1957 and the lease rights were transferred, by sale, to Sri G.M. Frank Agrawal; his son, Sri Indrajeet Frank Agrawal, and, daughter, Km. E.M. Frank Agrawal.

5. The names of aforesaid three transferees also mutated in the record of Nagar Mahapalika, Allahabad vide Administrator, Nagar Mahapalika, Allahabad's order dated 21.09.1957. With the passage of time, Sri G.M. Frank Agrawal and his wife Smt. Ela Ramola Frank Agrawal died, hence the son and daughter of Srilate) G.M. Frank Agrawal continued to be the lease holders of aforesaid land.

6. The house in dispute is constructed on the aforesaid land and belongs to lessees. The main bungalow was in occupation of three tenants. About 1/4 premises was in occupation of two tenants, namely, M/s Jeep Industrial Syndicate Ltd. and Mohd. Naseem Khan, the respondent no. 3.

7. There are some out houses also with which this Court is not concerned.

8. The two lessees, namely, Sri I. F. Agrawal and Mrs. Era Frank Agrawalafter marriage she became Mrs. Era David and now shall be referred as "Mrs. David") executed a registered agreement for sale, dated 21.08.1982,Annexure-3 to the writ petition) with petitioner and his wife, Smt. Asha Agrawal. It mentions that House No. 3, Minto Road, Allahabad was purchased by Sri G.M. Frank Agrawal and his two children vide registered sale deed dated 08.04.1957, and after death of Sri G.M. Frank Agrawal, the aforesaid two individuals are the owners of the aforesaid house, which is constructed on a lease hold plot. It also mentions that second party, namely, Sri Vinod Kumar Agrawal and Smt. Asha Agrawal shall also be lessee of lease hold land. The lease was subsisting till 30.06.1996. The area of lease hold land which was initially 8119 square meters, stood reduced, in view of ceiling authority's order, declaring 2140.05 square meters as excess vacant land, leaving with lessees 5979 square meters of lease hold land, alongwith building, including out houses constructed on land. The first party, i.e., I.F. Agrawal and Smt. David decided to sell House No. 3, Minto Road, Allahabad for a sale consideration of Rs. 2.5 lacs alongwith lease hold rights of land over which the house is constructed. The parties, therefore, agreed that House No. 3, Minto Road, Allahabad shall stand transferred alongwith land appurtenant thereto measuring about 5979 square meters and the sale deed shall be executed after necessary permission from Collector, Allahabad is obtained.

9. Clause 3 of agreement stipulates that out of sale consideration of Rs. 2.5 lacs, Rs. 50,000/- is being paid at the time of execution of agreement for sale and Rs. 2 lacs shall be paid before Sub-Registrar, Allahabad at the time of execution of sale deed. The first party, i.e., Sri I.F. Agrawal