- (1.) HEARD Sri Hamant Kumar Mishra, learned counsel for the petitioner , Sri Mohd. Arif Khan , learned Senior Counsel assisted by Mohd. Aslam Khan Advocate for opposite parties and perused the record.
(2.) FACTS , in brief , of the present case are that one Sri Laxmi Prasad has moved release application under Section 21(1)(a) of U.P. Act no. 13 of 1972 . registered as Misc. Case No. 52 of 2004 in the court of civil Judge ( J.D.) South/ Prescribed Authority , Sultanpur for release of the house NO. 214 old (229 New) situated at mohalla - Majorganj Pargana - Meerpur Tehsil -Sadar District Sultanpur(herein after referred as ' house in question') in which petitioner is a tenant . During the pendency of said matter, on behalf of tenant an application under Section 34 of the Act no.13 of 1972 for issuance of Commission in respect to the house no. 228, 229, 230 , registered as paper no. 9 Ga 2 . On the said application, landlord/ opposite party no.2 filed an objection .
(3.) LEARNED trial court after considering the pleadings on the point in issue, rejected the application filed on behalf of the petitioner/ tenant by order dated 13.4.2012 holding therein that respondent no.2/ landlord in his application for release has stated that he is the owner of house no.228 and 229 and other findings has also been given to the effect that the request of issuance of commission which has been made by the tenant/ petitioner in respect to house which belongs to landlord/ respondent no.2 in this regard there is description on record so keeping in view the said facts there is no justification or reason to allow the prayer for inspection as made by tenant/petitioner. Aggrieved by the said order, petitioner has challenged the said order by means of present writ petition. I have heard learned counsel for the parties and gone through the record.;