JUDGMENT K.N. Goyal, J. - The petitioner claims to be landlord. He moved a release application under Section 21 of U.P. Act No. 13 of 1972 in respect of the premises under the alleged tenancy of the respondents. The relationship of landlord and tenant was disputed by the opposite parties. However the Prescribed Authority decided that question in favour of the petitioners and after considering the need etc. it allowed the application. The opposite parties went in appeal and the learned District Judge has taken the view that the Prescribed Authority under Section 21 can assume jurisdiction to consider the need etc. only in a case where the relationship of landlord and tenant is admitted and in no other case. If it is disputed then the Prescribed Authority must, according to the District Judge, dismiss the application. Taking this view the District Judge allowed the appeal and dismissed the application under Section 21. Aggrieved thereby the petitioner has come to this court under Article 226 of the Constitution. 2. I have heard learned counsel for the parties. 3. It has been held by me in Chandrika Prasad v. District Judge (1981 Allahabad Rent Cases 346) that even in cases where relationship of landlord and tenant is disputed the Prescribed Authority must decide the same. A similar view has been taken by brother Jha J. in Chhakki Lal v. Addl. District Judge (1977 All India Rent Control Journal) (para 5) in which it has been stated that the question of relationship of landlord and tenant pertains to a jurisdictional fact and a finding on the same has to be recorded by the Prescribed Authority which does have the jurisdiction to record a finding on that issue. Learned counsel for the respondents Sn B.K. Saxena has, quite fairly conceded this legal proposition. Thus the appellate order cannot be sustained. 4. In the result the writ petition is allowed with costs and the order of the District Judge dated 11979 annexure1 is hereby quashed. The District Judge shall now readmit the appeal at its original number and decide it afresh in accordance with law. (Petition allowed).