Surya Prakash Kesarwani, J. - (1.) Heard Sri Ambika Prasad Tewari learned counsel for the petitioner-defendant/tenant and Sri Umesh Vats, learned counsel for the plaintiff-respondent no.2/landlord.
(2.) This petition under Article 227 of the Constitution of India has been filed praying to set aside the order dated 13.7.2012 in P.A. Case No.9 of 2010 (Ram Kumar Vs. Chitaranjan Das) under Section 21(1) of U.P. Act No.13 of 1972 whereby the application 31-C and 32-C have been rejected.
(3.) Submissions of learned counsel for the petitioner-defendant/tenant is that there is a dispute of title between the plaintiff-respondent No.2 and his wife Smt. Radha Devi which is pending being of O.S. No.33 of 1984 and, therefore, till the question of title to the disputed property is decided between the plaintiff-respondent No.2 and his wife, the P.A. Case in question should not be proceeded with by the Prescribed Authority.;