GYAN CHAND Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) BY means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 24- 1-2000 passed by the Prescribed Authority, Civil Judge (Senior Division), Dehradun in P.A.Case No. 67 of 1996, Smt. Kanta Khanna and others Vs. Shri Gyan Chand and the order dated 25-10-2004 passed by the Additional District Judge/F.T.C. III, Dehradun in Rent Control Appeal No. 14 of 2000, Shri Gyan Chand Vs. Smt. Kanta Khanna and others. BY the order dated 24-1-2000, the Prescribed Authority has allowed the application for release of the respondent nos. 3 to 5 moved under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act) and directed the petitioner-Opposite Party to vacate the disputed property and deliver its possession to the respondent-applicants. BY the order dated 25-10-2004, the appeal of the petitioner has been dismissed.

(3.) BEFORE the Prescribed Authority, the applicants- respondent nos. 3 to 5 filed replication and denied the fact that the opposite party-petitioner is a tenant on monthly rent of Rs. 50/- inclusive of all taxes. It was stated that neither the applicant no. 2 is in service in Indore nor he has settled there. It was also denied that the applicants and Rameshwar Nath Khanna had executed any exchange deed in order to evict the opposite party-petitioner. It was further denied that the applicants want to sell the property in dispute after getting the same released. It was also denied that since the year 1981, the opposite party has strained relations with his wife, who is living separately from him and is not a member of his family.