Sudhir Chandra Verma, J. - (1.) THE present petition has been filed against the order rejecting the objections of the petitioner in which he has claimed that the release application under Section 21 of U.P. Act No. XIII of 1972 is not maintainable as the landlord has treated the petitioner as licensee and since this question is required to be decided separately, the petitioner need not contest the entire proceedings under Section 21 of the Act. The objections have been rejected mainly on the ground that in the release application the landlord has mentioned that according to his case the petitioner was a licensee and his licence was terminated. However, as the petitioner claimed himself to be the tenant of the premises and on that basis the landlord treated him to be tenant. According to the learned Prescribed Authority the question as to whether relationship of landlord and tenant existed between the parties, is a question which required determination on the basis of evidence to be led by the parties and it is not a issue which can be decided as a preliminary issue merely on the pleading of the parties. In my opinion the impugned order of the learned Prescribed Authority does not suffer from any illegality or infirmity.
(2.) THE landlord for release of the premises in a proceeding under Section 21 of the Act will first have to establish relationship of landlord and tenant, in case it is denied by the opposite party. It is also correct that for the decision of this issue evidence has to be considered. In my opinion the learned Prescribed authority was correct in holding that this issue cannot be decided separately as preliminary issue without the parties being allowed to lead necessary evidence on this point. It is also correct that the entire matter may be considered by the Prescribed Authority, of course, the issue relating to relationship of landlord and tenant be considered as first issue and thereafter if it is necessary other issues may also be considered for consideration of the application under Section 21 of the Act. The petition has no merit and is accordingly dismissed in limine. Let a copy of this order be given to the parties on payment of necessary charges within 48 hours.;