- (1.) R. H. Zaidi, J. Present petition arises out of proceedings under Section 21 (1) (a) of the UP. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (UP. Act No. XIII of 1972), for short 'the Act', and is directed against the order dated 28-8-2000 passed by the Respondent No. 1 whereby the application filed by the petitioner has been rejected. It appears that Respondents No. 2 and 3 filed an application under Section 21 (1) (a) of the Act with respect to the Build ing Nos. 238/1 and 238/2, Mohalla Talliya, district Jhansi. In that said case, the petitioner filed an application to direct the respondents to disclose as to whether the family partition was written or oral. Prayer for a direction to the respondents to bring the said partition deed on record was also made. The said application was objected to and opposed by the contesting respon dents. It is stated that in spite of objections, petitioner produced documentary evidence. However, Respondent No. 1 has rejected the application filed by the petitioner after recording the findings and making observations against him in the impugned order dated 2-8-2000, the petitioner, therefore, approached this Court and filed the present petition.
(2.) LEARNED Counsel for the petitioner submitted that the observations made by the Respondent No. 1 may prejudice the case of the petitioner. On the other hand, learned Counsel appearing for the contesting respondents submitted that there was no need of filing the partition deed. It was not necessary for the respondents to file the partition deed in these proceedings as the proceedings were initiated on the basis of relationship of landlord and tenant. It was urged that if respondent fail to prove that there existed no relationship of landlord that if respondent fail to prove that there existed no relationship of landlord and tenant between the parties, their application will be rejected. In view of the aforesaid facts, this petition is disposed of finally with the ob servation that the findings recorded in the impugned order shall not affect the case of the respondents and will not be taken into account while deciding the case. The same shall be decided on the basis of evidence produced by the parties, oral and documentary. Petition disposed. .;