Sibghat Ullah Khan, J. - (1.) -Heard learned counsel for the parties.
(2.) Petitioner claiming to be landlord of the shop in dispute and further claiming that Ram Khelawan was its tenant on behalf of petitioner filed release application against Ram Khelawan for his eviction from the shop. Ram Khelawan, the alleged tenant filed written statement but thereafter he did not appear and did not adduce any evidence. The release application was ex parte allowed on 30.08.2000 by Prescribed Authority/ Civil Judge (S.D.), Sitapur. Thereafter, application for execution was filed under Section 23 of U.P. Act No.13 of 1972. Thereafter, respondent No.1 Shabbir Ali since deceased and survived by legal representatives filed Misc. Rent Case No. 1 of 2001, Shabbir Ali v. Digamber Jain Mandir for setting aside the order dated 30.08.2000 .
(3.) In the said case, original respondent No.1 contended that he was the owner of the shop in dispute, Ram Khelawan was a servant of the Brahm Kumar Jain, the alleged president of the Mandir and release application filed by him against Ram Khelawan was a sham case and applicant Shabbir Ali was the owner of the property in dispute along with adjoining shops. In the said case, Shabbir Ali filed an application seeking permission of the court to serve interrogatories upon Digamber Jain Mandir, the petitioner. Application and the interrogatories are Annexure-8 to the writ petition. Through the impugned order dated 15.07.2003 passed by Prescribed Authority/ J.S.C.C., Sitapur in Misc. Rent Control No. 1 of 2001, Shabbir Ali v. Digambar Jain Mandir , the application has been allowed. Said order has been challenged through this writ petition.;