Sunita Agarwal, J. - (1.)Heard Sri Pramod Kumar Jain, learned Senior Advocate assisted by Sri Abu Bakht, learned counsel for the petitioner.
(2.)By means of the present petition, the order dated 10.2.2016 passed on application Paper No.30Kha under Sec. 34(g) read with Rule 22(d) & (f) of U.P. Act No.13 of 1972 was rejected. This application was filed in Rent Appeal No.59 of 2014, Smt. R. Mishra Vs. Punit Kantharia under Sec. 22 of U.P. Act No.13 of 1972 against the release order passed by the Prescribed Authority in Rent Case No.12 of 2007, Punit Kantharia Vs. Smt. R. Mishra.
(3.)It appears that for release of the residential accommodation comprising of three rooms, latrine, kitchen and bathroom situated at the ground floor of premises No.15/31 Civil Lines Kanpur Nagar, the release application under Sec. 21(1)(a) of the Act was filed on 30.5.2007. This application was contested by the petitioner who is defendant therein on the ground that the applicant is not the owner of the suit property as there is no family partition in respect of the house in question. It was also stated therein that the husband of opposite party namely Sri A.P. Mishra is the tenant of the disputed accommodation @ of Rs.150.00 p.m. including of taxes towards rent. This release application was allowed by the Prescribed Authority and in appeal the Amendment Application Paper No.30Kha was filed with the plea to add a dispute regarding jurisdiction of the Prescribed Authority to proceed with the release application.