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2007 Supreme(All) 3222

RAKESH TIWARI
Mohd. Sayeed – Appellant
Versus
Shahanshah Alam – Respondent


JUDGMENT :

RAKESH TIWARI, J.

1. Heard counsel for the parties and perused the record.

2. This writ petition under Article 226 of the Constitution has been filed for issuance of a writ, order or direction in the nature of certiorari for quashing the order dated 18.2.2006 passed by the Judge Small Causes Court, Kanpur Nagar in Suit No. 255 of 2002 and the order dated 19.7.2007 passed by the Additional District Judge, Kanpur Nagar in Revision No. 8 of 2007.

3. The petitioners have also prayed for issuance of a writ, order or direction in the nature of mandamus directing the courts below to pass order afresh in accordance with law and not to evict the petitioners from the tenanted house.

4. The dispute relates to a residential accommodation of House No. 509, Faithfulganj Cantonment, Kanpur Nagar, which was under the tenancy of one All Raza. The accommodation under the tenancy of All Raza consists of one room, one covered varandah and the roof, which remained under the tenancy of Ali Raza for about 60 years till his death, i.e. 1996.

5. It is claimed by the petitioners that they were normally residing with Ali Raza and inherited the tenancy rights from him who was residing in the aforesaid ac




















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