S.U.KHAN, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE tenant-petitioner was unnecessarily questioning the landlord-ship of respondent No. 3 Raj Kumar Shukla. However, learned Counsel for the peti­tioner categorically states that from now onwards tenant will not raise any ob­jection against landlord-ship of respondent No. 3 Raj Kumar Shukla. Whatever amount has been deposited by the petitioner before 1 Additional J.S.C.C., Kanpur Nagar in Case No. 16 of 1996 shall at once be permitted to be with­drawn by Raj Kumar Shukla by the Court concerned even though that amount in respect of building in dispute, is deposited in the name of another person (learned Counsel for the tenant states that rent is still being deposited in the name of previous landlady Smt. Maul Shree Shukla), who died in 1997. Let the said amount be withdrawn by the respondent No. 3 Raj Kumar Shukla. Original landlady late Smt. Maul Shree Shukla filed application for release under section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against tenant petitioner, which was dismissed in de­fault. Thereafter, in the year 1991, respondent No. 3 Raj Kumar Shukla claim­ing that late Smt. Maul Shree Shukla had executed a 'Will' in his favour filed release application under section 16 of the Act before R.C. and E.O./Additional City Magistrate (I), Kanpur Nagar, in the form of Case No. 238 of 1999. Vacancy was declared on 1.11.1999 and house in dispute was released in favour of respondent No. 3 through order dated 15.11.1999. Said orders have been challenged through this writ petition. Against release order, Rent Revision No. 103 of 1999 was filed, which was dismissed on 27.11.1999 by Incharge District Judge, Kanpur Nagar. Said order has also been challenged through this writ petition.
(3.) LANDLORD -respondent No. 3 categorically stated that house in dispute was vacant because it was let out in the year 1982 without any allotment order. R.C. and E.O. has also declared vacancy only on the said ground. After placing reliance upon Supreme Court authority in Mansaram v. S.P. Pathak, AIR 1983 SCI 239 I have held in Rajdhari v. Smt. R. Gupta, 2006 (63) ALR 677 that release/allotment application on the ground of vacancy is not maintainable after 12 years of alleged deemed vacancy particularly when vacancy came into existence due to letting out of the building by the landlord to the tenant without any allotment order.;