SUNIT KUMAR Vs. KRISHNA KUMAR AGRAWAL

JUDGEMENT

(1.) Heard Sri P.K. Jain, learned Senior Counsel assisted by Sri Divakar Rai Sharma, learned counsel for the petitioner and Sri Vishnu Singh, learned counsel appearing for the contesting respondent.

(2.) Present petition has been filed for quashing the order dated 31.8.2017 and order dated 28.9.2017 passed by Prescribed Authority/Upper Judge, Small Causes Court, Aligarh in U.P.U.B. Case No. 33 of 2012 (Krishan Kumar Agrawal v. Sunit Kumar). Further prayer has been made seeking direction in the nature of mandamus directing the court below to decide the question of maintainability of release application filed by the respondent against the petitioner being U.P.U.B. Case No. 33 of 2012 (Krishna Kumar Agrawal v. Sunit Kumar).

(3.) By the impugned order the application filed by the tenant-petitioner for deciding the maintainability of the release application before proceeding further was disposed of by the court below with the observation that at this stage it would not be proper to look into the maintainability of the revision and from the facts it appears that it is a mixed question of facts and law and specific observation has been made that such application Paper No. 58-C be made part of the objection/written statement filed by the tenant-respondent and date was fixed for evidence of the defendant. The review application seeking review of the order dated 31.8.2017 was also rejected.