BHANU PRATAP MISHRA Vs. RAKESH NIGAM

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. This writ petition has been filed challenging the validity and correctness of the judgment and order dated 9.2.2011 passed by the Prescribed Authority/IInd Additional Judge (Small Causes Court), Kanpur Nagar in Release Case No. 11 of 2007, Rakesh Nigam and others v. Smt. Ranno Devi and others by which Application under section 21(1)(a) of U.P. Act No. 13 of 1972 of the landlord has been dismissed posting the case on 25.2.2011 for hearing.

(2.) The brief facts of the case are that the disputed shop was taken on rent by Late Sri Ram Narain Mishra. The petitioner/Bhanu Pratap Mishra, claims himself to have right over the said shop being son of the deceased-tenant.

(3.) The contention of learned Counsel for the petitioner is that the aforesaid case was proceeded ex parte against him as he had no knowledge about filing or pendency of the release application before the Prescribed Authority for the reason that neither notice was served upon him nor his brother who was also party in the case was informed about filing or pendency of the release application.