Mrs. Sunita Agarwal,J.

Heard Sri Arvind Srivastava, learned counsel for the petitioner and Smt. Rajni Ojha, learned counsel for the respondents.

This writ petition arose out of a proceeding under Section 21(1)(a) of U.P. Act No. 13 of 1972. The release application was filed by three persons namely Sri Ram Chandra Prasad, Sri Prabhu Nath Prasad and Sri Hari Nath Prasad sons of late Ram Khelawan Ram on 23rd August, 2006 with regard to the house in Block No. 1, Ward No. 17, Nagar Palika Parishad, Ballia, the boundaries of which has been given in schedule (?-1) of the plaint.

2. It is stated in the release application that the accommodation given in schedule (?-1) which consists of two rooms, latrine & bathroom and staircase (hereinafter referred to as the "accommodation in question") came in the share of the applicants pursuant to a decree dated 7.9.2002 passed by the Civil Court in a partition suit namely Original Suit No. 203 of 2001 (Ram Chandra and others vs. Smt. Kaushalya Devi and another). The predecessor of the opposite parties namely late Ganesh Prasad was tenant in the accommodation in question. However, the opposite parties had taken possession of the adjoining prem