RAKESH TIWARI,J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS writ petition has been filed by the petitioner at interlocutory stage whereby the courts below rejected the objection (paper no. 4-ga) filed by the petitioner vide judgment and order dated 13.9.2010. The brief facts of the case are that the landlord-respondent no. 2-Dipendra Kumar Gupta filed release application under section 21 (1) (a) and 21 (1) (d) of U.P. Act No. 13 of 1972 with regard to the disputed premises. Release application was contested by tenant-respondent no. 3 by filing objection dated 16.4.2002. Rejoinder to the said objection was also filed by landlord-respondent no. 2. After evidence etc. had been adduced, the Prescribed Authority/Civil Judge (Junior Division) East Court No. 12 Ballia allowed the release application filed by the landlord-respondent no. 2 vide judgment and order dated 3.2.2007. Aggrieved by the order aforesaid, the tenant-respondent no. 3 preferred an appeal before the appellate authority which was registered as Rent Control Appeal No. 33 of 2007. Along with memo of appeal, an application for staying effect and operation of order dated 3.2.2007 was also moved by the tenant against which landlord-respondent no. 2 has filed objection. It appears that on 23.5.2007 the landlord-respondent no. 2 gave an undertaking that he will not pursue the execution of the order passed by the prescribed authority and as such no such order was passed on the stay application. It also appears that during pendency of appeal, the tenant-respondent no. 3 filed an application on 31.7.2007 for appointment of an Advocate Commissioner for the purpose of preparation of map regarding constructions raised by the landlord-respondent no. 2 on the first floor of the house in dispute. Objection to the said application was filed by the landlord-respondent no. 2 on 1.8.2007. The appellate court vide judgment and order dated 16.8.2007 decided for getting the map prepared in the case and then for consideration of application dated 31.7.2007.
(3.) IN the meantime, the tenant-respondent no. 2 filed an amendment application proposing to amend the objections dated 16.4.2002 to the release application. Landlord-respondent no. 3 also file his objection dated 1.9.2007 to the amendment application dated 23.8.2007. The appellate authority rejected the amendment application by order dated 6.9.2007.;