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2010 Supreme(All) 535

ANIL KUMAR
RADHEY SHYAM – Appellant
Versus
A. D. J. COURT NO. 13, LUCKNOW – Respondent


Advocates:
Counsel :
Satya Prakash for the Petitioner; P.C. Misra, S.C. for the Respondents.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Sri Satya Prakash learned counsel for the petitioner and Sri P.C. Misra, learned Standing Counsel for opposite party No. 1 and learned counsel for opposite parties No. 2 to 7.

2. In brief, the facts of the present case are that one Dwarika Prasad Sahu was the owner of the house No. 133/351, Aminabad Road. Police-station Naka Hindola, Lucknow and in the said premises one Ram Prasad was tenant in respect of the shop and Khandhar on the ground floor. The landlord moved an application on 14.12.1985 for release of the premises in question which is under the tenancy of the tenant (Ram Prasad) and accordingly, P.A. Case No. 60 of 1995 was registered in the Court of Judge Small Causes Court/Prescribed Authority, Lucknow. During the pendency of the P.A. Case, the original landlord and the tenant both had expired as such their heirs were substituted. By order dated 24.8.2000, the prescribed authority had allowed the release application.

3. The said order was challenged by way of appeal (Rent Appeal No. 22 of 2000) and the same is pending for adjudication in the Court of Additional District Judge, Court No. 13, Lucknow. During the pendency of the appeal fi



















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