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SHAMSHAD AHMAD versus VI A.D.J. & OTHERS

High Court of Judicature at Allahabad

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Shamshad Ahmad v. Vi A.D.J. & Others - WRIT - A No. 3030 of 1989 [2005] RD-AH 5814 (16 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

(Court No.51)

Civil Misc. Review Application No. 185528 of 2005

IN

Civil Misc. Writ Petition No. 3030 of 1989

Shamshad Ahmad  Vs.  A.D.J. and others

Hon.S.U.Khan,J.

This is an application seeking review of my judgment and order dated 2.9.2005 pointing out some factual errors in the said judgment.  The second and third sentences of my judgment are quoted below:

"Respondent no.3 has filed SCC suit no.99 of 1984 against Shamshad Ahmad.  In the plaint of the said suit respondent no.3 has alleged herself to be the landlady and the petitioner has been alleged to be her tenant."

However, the correct position is that initially one Smt. Jeevikar Begum (ought to be Zulfiquar Begum) was owner/ landlady of the property in dispute in which petitioner Shashmad Ahmad was the tenant.  The original owner landlady executed an agreement  for sale in favour of the petitioner on 1.12.1980 and thereafter executed a sale deed in favour of respondent no.3 Talib Rasool  on 19.12.1980.  Respondent no.3 Talib Rasol has filed S.C.C. Suit no.99 of 1984.

However, the wrong description of the facts to the above extent cannot have any material bearing on my judgment dated 2.9.2005.  Suit for specific performance of the petitioner was initially decreed however, on appeal the suit was dismissed and the matter is pending in this High Court in the form of Second appeal no.199 of 1992.  Until the said appeal is allowed and sale deed is executed in favour of the petitioner he cannot become owner of the property in dispute and he will continue to be the tenant till then.  By virtue of Section 109 T.P. Act purchaser from owner landlord becomes landlord of the tenant who is continuing as tenant since before purchase.

Accordingly, even though the facts stated in paragraphs 2 and 3 of the judgment dated 2.9.2005 are slightly incorrect still there is no ground to review the judgment dated 2.9.2005.

This review application is dismissed.

16.11.2005

RS/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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