RAKESH TIWARI, J.--Heard learned Counsel for the parties and perused the record.

2. The property in dispute was admittedly owned by one Qamarul Islam who expired on 18.5.1996.

3. On 9.8.2004 after eight years fron the death of Qlmarul Islam the respondent Zahurul Islam filed an application under section 21 (1) (a) of U.P. Act No. 13 of 1972 against the petitioner claiming that he waq the owner and landlord of the building in question and that the petitioner has been occupying the ground floor portion of the tenanted accommodation @ Rs. 700/- per month which has not been paid to him since the death of late Qamarul Islam.

4. The application was contested by the tenant on the ground that wife of the tenant Smt. Bilqis Begum is owner and landlord of the premises in dispute by virtue of an oral Will by late Qamarul Islam existed no relationship of landlord and tenant between the parties.

5. The contention of learned Counsel for the petitioner is that there is no whisper in the application under section 21 (1) (a) of U.P. Act No. 13 of 1972 as to how respondent Zahurul Islam became the owner after the death of Qamarul Islam and how he became the landlord of the petitioner.

6. It was a