S.U.Khan, J. - (1.) Heard learned Counsel for the parties. Delay in filing substitution application is condoned, Application is allowed.
(2.) This is landlord's writ petition Original petitioner Rambabu Gupta filed release application on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972, against tenant-respondent No. 1. In the release application it was also stated that building dispute was in dilapidated condition. Release application was registered as P.A. Case No. 178 of 1983. Prescribed Authority/Additional Civil Judge, Jhansi through judgment and Order-dated 17.9.1985 dismissed the release application. Against the said judgment and order original petitioner filed R.C. Appeal No. 72 of 1985 which, was dismissed of 18.2.1986 hence this writ petition.
(3.) During the pendency of writ petition petitioner died and his two sons have been substituted at his place. Thereafter, a supplementary affidavit by Santosh Kumar Khard real brother of Ram Babu Gupta original petitioner was filed stating therein that in family partition of 1989 property in dispute had fallen in his share.;