S.D.Agarwala - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under section 21 (I) (a) of the U. P. Urban Buildings (Reg. of Letting, Rent and Eviction) Act, 1972 (U. P. Act no. 13 of 1972) (hereinafter referred to as the Act).
(2.) THE respondent no. 3 Mohd. Ishaq filed an application for release against the petitioner Sukha. It was alleged in the release application that the petitioner is a tenant and the landlord required the accommodation for his personal use. The petitioner contested the release application on the ground that respondent no. 3 was not the owner and the landlord of the premises in dispute and in fact the petitioner is the owner of the premises. It was further alleged that the application has been moved with oblique motives in order to harass and evict the petitioner under its garb. The Prescribed Authority dismissed the release application by an order dated 18-8-1979 as it was found that there was no relationship of landlord and tenant between the petitioner and respondent no. 3. This order was passed on 18-8-1979 as stated above.
(3.) AGGRIEVED by this order, an appeal was filed under section 22 of the Act. The appellate authority allowed the appeal by an order dated 20-12- 1980 and remanded the matter to the Prescribed Authority for decision afresh of the application filed under section 21 (1) (a) of the Act on merits. Petitioner being aggrieved by the order dated 20-12-1980 has filed the present petition.;