(1.) Heard Sri G.C. Sinha, learned counsel for petitioner, Sri Nripendra Mishra, Advocate holding brief of Sri Manish Kumar, learned counsel for opposite party Nos. 2 & 3 and perused the record.
(2.) Facts in brief of the present case are that initially Sri Ram Autar Khandelwal filed an application under Section 21(1)(A) of U.P. Act 13 of 1972 for release of the premises in question, registered as P.A. Case No. 4 of 2005 before the Prescribed Authority/Civil Judge (Jr. Div.), Sadar, Pratapgarh. Thereafter, in the said suit an application for cross examination has been moved, rejected by O.P. No. 3.
(3.) Aggrieved by the same, for redressal of his grievances, petitioners approached this Court by filing Writ Petition No. 5 (R/C) of 2010, during the pendency of the litigation before this Court, the Prescribed Authority has decided and allowed the release application by order dated 16.02.2010,as such petitioners/tenant preferred a rent appeal (R.C. A. No. 1 of 2010 (Samalat Ullah and others Vs. Ram Autar Kahndelwal and others).