NATHU RAM Vs. ANOOP NATH MISHRA

JUDGEMENT

(1.) Heard Sri J.P. Mathur, learned counsel for the petitioner and Sri B.C. Agarwal, learned counsel for the contesting respondent no.1/landlord.

(2.) Due to fire in the Rent Control Office of the High Court, file of this petition was burnt. Duplicate file has been constituted, which is treated to be original.

(3.) Opposite party no. 1 landlord filed a release application under Section 21 of U.P. Act No. 13 of 1972 against Ram Swaroop, the tenant. The Prescribed Authority allowed the release application on 16.2.1994. Property in dispute is a house. Against the said order late Ram Swaroop filed Rent Appeal No. 97 of 1994. During pendency of the appeal Sri Ram Swaroop died on 19.8.1998. Petitioner filed substitution application seeking substitution as appellant at the place of Ram Swaroop. First substitution application was filed on 14.9.1998 without stating the relationship of the petitioner applicant with the deceased tenant. Thereafter through application dated 6.3.2002 Annexure-VII to the writ petition details were provided. The following pedigree was given by the petitioner in his application dated 6.3.2002, copy of which is Annexure 7 to the writ petition. <FRM>JUDGEMENT_379_ALLLR101_2013_1.html</FRM>