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2013 Supreme(All) 152

SUDHIR AGARWAL
Rameshwar Ram Gopal – Appellant
Versus
Xth Additional District Judge, Kanpur Nagar and Others – Respondent


Advocates:
Counsel for the Petitioner: S.M. Dayal, Somesh Khare.
Counsel for the Respondents: C.S.C., Rajesh Tandon, M.K. Gupta , Pankaj Agarwal.

Sudhir Agarwal, J.;—

1. The writ petition has been restored to its original number vide order of date passed on restoration application. As requested by learned counsel for the parties, I proceed to decide the matter finally at this stage.

2. Heard Sri Somesh Khare, learned counsel for the petitioner and Sri Pankaj Agarwal, learned counsel for the respondent.

3. The writ petition is directed against judgment and order dated 25th May, 1995 passed by Appellate Court i.e. 10th Additional District Judge, Kanpur Nagar allowing rent appeal no.217 of 1992 and setting aside Prescribed Authority's order dated 29th October, 1992, as a result whereof accommodation in dispute has been released in favour of applicant-respondents.

4. The dispute relates to house no.51/3 (New no.51/7) situated at Ramganj Kanpur. The property in dispute is a wakf property i.e. Wakf Nawab Mohammad Muzaffar Ali Khan and its mutwalli was Nawab Mohammad Murtaza Ali Khan, Son of Mushtafa Ali Khan. The applicant-respondents Prahlad Gupta, Rakesh Kumar Gupta and Dinesh Kumar Gupta purchased the property in dispute with alleged permission of Wakf Board vide sale deed dated 6.4.1983. It was pleaded that property is required fo

































































































































































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