S. U. Khan, J. - (1.) Heard learned Counsel for the petitioner. No one has appeared on behalf of respondents
(2.) Petitioner is landlord, who filed release application under Section 21 of U.P. Act No. 13 of 1972 against original tenant Prem Kishan Khanna in the form of P.A. Case No. 34 of 1985. Prescribed Authority/Munsif Shahjahanpur through judgment and order dated 3.8.1987 dismissed the release application. Thereafter landlord petitioner filed Civil Appeal No. 22 of 1994 against the said judgment and order of the Prescribed Authority. During pendency of appeal, original tenant. Prem Kishan Khanna died whereupon an application was filed before the Appellate Court stating there in that Prem Kishan Khanna, the tenant had executed a Will in respect of tenancy rights of the property dispute in favour of Shahid-e-Azam Pandit Ram Prasad Vismil Smriti Bhawan and Krantikari Sangrahalaya, which was established in the accommodation in dispute. Through the said application substitution or the said legatee was sought which was allowed. Appellate Court in its judgment mentioned that even though the said will was not filed still was not denied by the landlord. Tenancy rights under the U.P. Act No. 13 of 1972 cannot be bequeathed vide Jaspal Singh v. A.D.J., AIR 1984 SC 1880 : 1985 (1) ARC 1. Accordingly, even if tenant had executed some Will, it was invalid.
(3.) Appellate Court/IVth A.D.J., Shahjahanpur through judgment and order dated 22.10.1994 allowed the release application in part and released part of the tenanted accommodation. The remaining part of tenanted accommodation was left in the tenancy occupation of the before said Shahid-e-Azam Pandit Ram Prasad Vismil Smriti Bhawan and Krantikari Sangrahalaya. The said order is under challenge through this writ petition by the landlord.;