SHAMSHAD HUSSAIN Vs. AMRISH KUMAR

JUDGEMENT

(1.) Heard Sri M.A. Qadeer, learned Senior Advocate assisted by Sri M.H. Qadeer, learned counsel for the defendant -petitioner and Sri Rajiv Joshi, learned counsel for the plaintiff -respondent.

(2.) Learned counsel for the defendant -petitioner submits as under: - (i)The defendant no.1 Smt. Anwari Begam was the tenant. She died during the pendency of the appeal. She had vacated the premises and thereupon the defendant -petitioner who was defendant no.2 in the P.A. Case No.3 of 2005 before the Prescribed Authority, unauthorizedly occupied the tenanted premises and as such provisions of Section 21 of U.P. Act No. 13 of 1972 were not applicable and consequently, the application filed by the plaintiff - respondent/landlord before the Prescribed Authority itself was not maintainable. The provisions of Sections 12 and 16 were applicable for release, which provides a different forum and authority for adjudication.

(3.) Sri Rajiv Joshi, learned counsel for the respondent vehemently argued as under: -