- (1.) Heard Counsel for the petitioner and perused the record. The respondent-landlord filed an application under section 21(1)(a) of U.P. Act No. XIII of 1972 which was registered as P.A. Case No. 12 of 2000 for release of the disputed premises inter alia with the allegation that he had retired from Government service from the State of Himachal Pradesh and he wanted to settle at his native place at Etawah where he has no other accommodation except the disputed house.
(2.) The petitioner-tenant contested the suit inter alia on the ground that earlier he was a tenant of the disputed premises where the landlady Smt. Ladaiti Devi had willed the house in his favour whereafter he himself became owner thereof and that there was no landlord and tenant relationship between the respondent and the petitioner. During the pendency of the release application, the petitioner-tenant filed Original Suit No. 87 of 2002 for declaration of his title on the basis of the alleged will dated 2.10.1978.
(3.) After contest, the release application was allowed by the Prescribed Authority vide order dated 7.1.2004. The petitioner preferred an Appeal No. 1 of 2004 where initially an interim order was granted staying his eviction. However, the petitioner kept on delaying the disposal of the appeal, forcing the Appellate Court to vacate the interim order whereupon the respondent-landlord filed an Execution Case No. 2 of 2009 where a writ of eviction was issued on 18.7.2009. In the meantime, the petitioner also filed a probate suit No. 14 of 2006 to obtain probate of the alleged Will.;