S.U.Khan, J. - (1.) Even after more than four years of elevation of his learned Counsel to the bench of this Court, landlord-respondent No. 3 Atma Ram has not engaged any other Counsel.
(2.) Heard learned Counsel for the petitioner. This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent No.3 in the form of P.A. case No. 2 of 1986. Prescribed authority (Munsif) Kairana District Muzaffar Nagar dismissed the release application through order dated 16.7.1990 holding that release application was barred by Clause (ii) of third proviso to Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 which is quoted below: "Provided also that no application under clause (a) shall be entertained in the case of any residential building, for occupation for business purposes."
(3.) Against the judgment and order passed by the Prescribed authority landlord filed R.C. appeal No. 40 of 1990. Vlth Additional District Judge, Muzaffar Nagar allowed the appeal on 13.3.1991, set aside the order of the Prescribed authority and allowed the release application.;