DEVI LAL SAH Vs. UMA NATH

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioners for quashing the order dated 15.05.2010 passed by the learned District Judge, Almora in Rent Appeal No.2/2010, "Devi Lal Sah and another Vs. Smt. Uma Nath and others" whereby the Appellate Court rejected the amendment application moved by petitioner no.2 under Rule 22 (d) of the U.P. Urban Buildings (Regulation of Letting Rent & Eviction), Rules 1972 seeking amendment to incorporate three new paras in the objection/(W.S).

(2.) BRIEF facts of the case, as narrated in the writ petition, are that the respondents filed an application under Section 21 (1) (a) of U.P. Act No. 13 of 1972 (hereinafter referred as to the Act) before the Prescribed Authority/ Civil Judge (Senior Division), Almora which was numbered as Rent Control Case No. 5 of 2010 `Smt. Uma Nath and others vs. Devi Lal Sah and another' for release of shop situated at Chaughanpatta, Mall Road, Almora. Notices of the said case were served upon the petitioners/tenants. The petitioners put in appearance and contested the release application by filing their objection. In their objection the petitioners/ tenants categorically denied all the averments made in the release application and contended that the release application be rejected. Thereafter, the parties adduced evidence and vide order dated 30.03.2010 the Prescribed Authority/Civil Judge, (Sr. Div.), Almora finally allowed the release application of the applicants/respondents. Aggrieved by the said judgment and order dated 30.03.2010, the petitioners preferred an appeal under Section 22 of the Act before the District Judge, Almora, which was registered as Rent Appeal no.2 of 2010 "Devi Lal Sah and another Vs. Smt. Uma Nath and others". During the pendency of the appeal the petitioner no.2 moved an application (paper no. 15- Ka) under Section 22-(d) of the of the U.P. Urban Buildings (Regulation of Letting Rent & Eviction), Rules 1972 for amendment in the objection/ (W.S.) in the Court of District Judge, Almora seeking incorporation of three new paras after existing para no.8. The amendment application was duly supported by an affidavit. In support of the proposed new contentions/ pleadings the petitioners placed on record of appeal in the Court of District Judge, Almora a certified copy of Khatauni of Municipal Bahar, Patti Khaas Parja, Pargana Baramandal, Tehsil and District Almora pertaining to muntkhit Khata Khatauni no.877 wherein the name of Baal Bhairav Mandir has been recorded as Hissedar Khudkashth in Tok Chaughanpatta. Against the said amendment application and the documents placed on record, no objections were filed by the applicants, neither any document in rebuttal was placed on record by them. The veracity of the document adduced in support of the petitioners was not denied by the respondents. The respondents never placed on record in the Court of District Judge, Almora any document in their favour. The learned District Judge, Almora heard learned counsel for the parties on the amendment application and vide order dated 15.05.2010 rejected the amendment application of the petitioners. Hence this petition.

(3.) AT this, learned counsel for the respondents submitted that he does not have any objection, in case, if the amendment application is allowed subject to the condition that the said appeal pending before the District Judge, Almora is decided expeditiously.