D.P.SINGH,J. - (1.) HEARD learned Counsel for the petitioner and Smt. Rama Goel for the contesting respondent.
(2.) THIS petition is directed against an order dated 10.9.2007 by which an application of the petitioner tenant for deciding an alleged Jurisdictional issue before deciding the suit itself has been rejected. The-respondent landlord filed an application under Section 21 (1) (a) of U.P. Act No. XIII of 1972 (hereinafter referred to as the Act) for release of the disputed premises on the ground of bona fide need etc. which was registered as RA. Case No. 9 of 2004. After the parties had led their evidence and the matter was fixed for argument the petitioner raisegl a new objection vide his application dated 31.8.2007 contending that the application itself was not maintainable. By the impugned order the prescribed authority has merely held that the same can be decided at the time of final hearing.
(3.) IT is urged on behalf of the petitioner that the prescribed authority was bound to decide the Jurisdictional issue before deciding the suit itself.;