DHIRENDRA KUMAR Vs. 7TH ADDITIONAL DISTRICT JUDGE SULTANPUR

JUDGEMENT

(1.) Present writ petition is filed by the petitioner challenging the judgment and order dtd. 10/9/2014 passed by the Prescribed Authority directing his eviction under Sec. 21 of U.P Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act of 1972') as well as order dtd. 19/9/2018 passed by the 7th Additional District Judge whereby the appeal filed by the petitioner-tenant was also rejected and his eviction was affirmed.

(2.) The facts of the case are that a release application was filed by the landlord Sri Umesh Chandra on 21/7/1992 for his son as he was not holding good education. Sri Umesh Chandra went missing in the year 1995 and thereafter treating the same to be a civil death, his legal heirs were permitted to pursue the release application. The written statement was filed way thereafter on 4/4/1998. In the written statement, amongst others, a ground was also taken that the release application is not signed by the original landlord Sri Umesh Chandra who had gone missing after filing of the application. Both the Courts below by giving detail finding of facts have rejected the objections as well as appeal filed by the petitioner-tenant.

(3.) The first submission raised by learned counsel for petitioner is that the release application was not filed by the landlord himself. The said submission is strongly opposed by learned counsel for respondents.