- (1.) Heard learned counsel for the parties.
(2.) The application filed by the petitioners raising preliminary objection with regard to maintainability of the release application has been rejected by order dated 20.8.2015 passed by the Prescribed Authority in P.A. Case No.20 of 2014 and hence this petition.
(3.) The contention of the learned counsel for the petitioners is that the release application is with regard to open piece of land. Perusal of the release application indicates that there is no pleading by the landlord that release application under section 21(1) (a) of the U.P. Urban Buildings Regulation of Letting Rent and Eviction Act, 1972 has been filed for Building. The original suit no.413 of 1986 has been filed by the respondents for eviction of the petitioner from the land in question.In the plaint of the original suit no. 413 of 1986, the categorical submission is that the petitioners are tenant of the open piece of land.This objection of the petitioner has been rejected on the ground that the release application was filed in the year 2014 but till date no written statement has been filed by them.;