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D. M. CHANDRASHEKHAR, J. M. L. SINHA
Shanti Devi – Appellant
Versus
State Of U. P. – Respondent
J. M. L. Sinha, J.
1. (FOR self and FOR D.M. Chandrashekhar, C. J.) :-This writ petition has been filed by Smt. Shanti Devi, hereinafter called the 'petitioner', praying that the order passed by respondent No. 3 directing dispossession of the petitioner from one third of house No. 75 situate in Nakhas Kohna, Allahabad, be quashed.
2. THE facts leading up to this petition can briefly be stated as under : One Gur Bachan Singh took a loan from the Industries Department of the State of Uttar Pradesh for starting an industry. Sharda Prasad son of Chhote lal, respondent No. 7, offered himself as one of the sureties for repayment of the loan advanced to Gur Bachan Singh. He claimed himself to be the owner to the extent of one-third share in the aforesaid' house. The loan not having been repaid and Gur Bachan Singh having become insolvent and not being traceable, a certificate was issued by Collector, Allahabad, for recovery of the amount due as arrears of land revenue. In that connection one third portion of the aforesaid house was sold by auction on 17th of October, 1975 and was purchased by Nand Kishore, respondent No. 5. On 6th of March, 1976, the petitioner and her family memb
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