Allahabad Court November 2005 Judgments
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Waqf Khuda Wand Tala Masuma Waqf-al-aulad Haji Mustaq Ahmad and anr. V ...
Court: Allahabad
Decided on: Nov-08-2005
Reported in: 2006(2)AWC1091
ORDERS.U. Khan, J. 1. The land over which shop in dispute is constructed is the wakf property which was given on lease to Arun Kumar, respondent No. 1 through a deed executed on 20.10.1983. Thereafter another deed was also executed on 20.7.1984. Through the said deed Arun Kumar, respondent No. 1 was permitted to construct shops over the leased land and let out the same and realize the rent thereof. According to petitioner-wakf, some shops were constructed by Arun Kumar, which he let out to sub-tenants including respondent No. 2. The period of lease provided under the aforesaid deeds of 1983 and 1984 was, according to the petitioner, orally extended and ultimately the lease was terminated through notice in the year 2001. Thereafter petitioner filed suit for eviction against respondent No. 1 Arun Kumar and his sub-tenants, including Shrimati Urmila, respondent No. 2, who was defendant No. 6 in the said suit. The said suit is pending before Civil Judge (Senior Division) Saharanpur in the ...
Hiralal (D) Through L.R. Vs. Vth A.D.J. and ors.
Court: Allahabad
Decided on: Nov-08-2005
Reported in: 2006(2)AWC1542
S.U. Khan, J.1. The land over which shop in dispute is constructed belonged to a waqf. The mutwalli on 7.6.1954 executed a lease deed in favour of Ram Chandra Saxena, respondent No. 3, since deceased and survived by Legal Representatives, in respect of part of waqf land over which he constructed two shops-one was let out to Hiralal, the petitioner (i.e., shop in dispute) and the other shop was let out to another tenant, which has got no concern with the instant writ petition.2. Ram Chandra Saxena respondent No. 3 filed release application under Section 21 of U. P. Act No. 13 of 1972 against the petitioner-tenant, which was initially numbered as Case No. 126 of 1975. Later on it was re-numbered as case No. 56 of 1979. The Prescribed Authority/City Munsif, Bareilly, decided the release application on 8.12.1979. Prescribed authority held that there was relationship of landlord and tenant in between the parties and that the need of the landlord Ram Chandra Saxena was bona fide. However, qu...
Rameshwar Singh and anr. Vs. Ramesh Chandra and ors.
Court: Allahabad
Decided on: Nov-08-2005
Reported in: 2006(2)AWC1094
S.U. Khan, J. 1. Petitioner No, 1 is landlord of the property which is in the form of Atta (first floor accommodation) consisting of two portions, northern and southern of House No. 220, situate in Mohalla Shah Qamar, Etawah. Northern portion is in dispute. Admittedly the portion situate towards south was in possession of the father of respondent Nos. 1 and 2 as tenant since before start of dispute in respect of northern Atta. Petitioner No. 2 Jagat Narain filed allotment application before Rent Control and Eviction Officer, Etawah in respect of northern Atta. R.C. and E.O. held that southern portion was in tenancy of Babu Ram, father of respondent Nos. 1 and 2, namely, Ramesh Chandra and Mahesh Chandra. R.C. and E.O. further held that relations between the parties were not cordial and litigation had taken place between the parties previously also. The previous tenant of the northern Atta in dispute Krishna Kumar stated that he was tenant thereof and he vacated the same on 30.5.1977. B...
Sri Krishna Tiwari S/O Late Ram Surat Tiwari and Shri Arya Mahila Hitk ...
Court: Allahabad
Decided on: Nov-07-2005
Reported in: 2006(2)AWC1305
Arun Tandon, J.1. Heard Sri Gajendra Pratap Advocate on behalf of the petitioner, Sri Ashok Khare Senior Advocate, assisted by Sri S.D. Shukla Advocate, on behalf of respondent No. 2 and 4, Standing Counsel on behalf of the other respondents.2. Shri Arya Mahila Hitkarini Mahaparishad Lahurabir, Varansi is a society duly registered under the Societies Registration Act. Petitioner No. 1 claims himself to be the life member of the said society. The said society has established amongst other a recognized Intermediate College known as Arya Mahila Inter College. The said institution is recognized under the provisions of the Intermediate Education Act, 1921 and has an approved scheme of administration which regulates the constitution of the Committee of Management for managing the said institution.3. A dispute with regard to the Committee of Management of the institution was subject matter of consideration before this Court in Writ Petition No. 55866 of 2004, whereunder an order dated 2nd Dec...
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