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2018 Supreme(All) 1816

SANGEETA CHANDRA
Afroz Ahmad – Appellant
Versus
Additional District Judge-13 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Santosh Kumar Kesarwani, Rajesh Kumar
For the Respondent: Hasan Abbas

JUDGMENT :

Sangeeta Chandra, J.

This writ petition has been filed praying for a writ in the nature of certiorari for quashing the order dated 01.08.1997 passed by the Prescribed Authority/Special Chief Judicial Magistrate, Allahabad in P.A. Case No. 67 of 1986 (Mirza Mohammad Mehdi and others v. Mohammad Shafiq and others) and also praying for quashing of the order dated 30.11.2017 passed by the learned Additional District Judge, Court No. 13, Allahabad in Rent Appeal No. 109 of 1997 (Afroz Ahmad and another v. Mirza Mohammad Mehdi and others).

2. Learned counsel for the petitioners has submitted that respondent No. 3, (now deceased) had filed an application for release of the premises in question, which is a residential house, under section 21(1) (a) of the U.P. Act No. 13 of 1972 before the Prescribed Authority registered as P.A. Case No. 67 of 1986. He has read out the contents of the plaint to show that the landlord had pleaded that originally the tenant of the property in question was one Mohammad Shafiq and Mohammad Shafiq had built his house in Guru Teg Bahadur Nagar, Awas Yojna, Allahabad and shifted most of his domestic belongings to the said house and was not residing ordina

















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