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2014 DIGILAW 256 (ALL)

Brij Lal Verma v. District And Session Judges Lucknow And Ors.

2014-01-21

SIBGHAT ULLAH KHAN

body2014
Sibghat Ullah Khan,J. Heard Shri S.c. Srivastava, learned counsel for the tenant petitioner, who is making all efforts not to allow the release application filed by the landlady opposite party no. 3 Smt. Jamirun Nisha to be decided on merit. 2. According to the learned counsel for the petitioner property in dispute is a house situate in Lucknow. However learned counsel for the petitioner is unable to give the extent of accommodation, rate of rent and position of payment of rent. Opposite party no. 3 landlady has filed release application under Section 21 of U.P. Act No. 13 of 1972 on the ground of bonafide need against the petitioner in the form of P.A. Case No. 17 of 2012 Jamirun Nisha Vs. Brijlal Verma. In para 2 of the application it is mentioned that accommodation in dispute consists two rooms, Verandah etc. and rate of rent is Rs. 350 per month. Opposite party no. 3 landlady has also filed affidavit in support of the release application. Petitioner filed an application for cross examining the landlady on the ground that she herself did not present the affidavit and " never from her own Will presented P.A. Case No. 17 of 2012 before the presiding officer and the aforesaid case was filed by her family members in order to evict the petitioner from house and sell the same" ( para 6 of the writ petition). On this fantastic plea cross examination can not be permitted. There is absolutely no harm if family members of the landlady are doing pairavi of the case and no one can sell the house except the true owner. 3. Accordingly, petitioner's application was utterly misconceived hence rightly rejected on 06.12.2013 by Prescribed Authority/ Second Additional J.S.C.C. Lucknow. The said order was challenged through revision which was dismissed on 09.01.2014 by District Judge as not maintainable. 4. I do not find least error in the order passed by the prescribed authority. The only intention of the petitioner is to delay the proceedings. 5. Writ petition is dismissed. 6. Prescribed authority is directed to decide the release application very expeditiously. Special watch must be kept over the conduct of the tenant petitioner and he shall not be permitted to file frivolous applications. 7. Office is directed to send copy of this order to the Prescribed Authority. _______________