RAMESH CHANDRA BHANDARI Vs. RAM SINGH SALAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the impugned judgment and order dated 24.08.2009, passed by learned District Judge, Almora in Rent Control Appeal No. 03 of 2009 and to upheld the judgment and order dated 08.05.2009, passed by learned Prescribed Authority Civil Judge (Sr. Div.), Almora, in Rent Control Case No. 02 of 2006, whereby the shop in question was released in favour of the petitioner.

(3.) BRIEF facts of the case as narrated in the petition are that petitioner filed an application under Section 21(p)(a) of U.P. Act No. 13 of 1972, for release of the shop in question before Prescribed Authority on the ground that the shop is bonafidely required to settle his son. The respondent had contested the application. After hearing both the parties, the shop in question was released in favour of the petitioners by the Prescribed Authority Aggrieved by the order of Prescribed Authority, respondent preferred Rent Control Appeal No. 3 of 2009, before the District Judge, Almora, whereby the matter was remanded back to the Prescribed Authority on the ground that the bonafide need and comparative hardship of son and daughter -in -law was not pleaded before the Prescribed Authority, and an opportunity was given to amend the pleadings and adduce the evidence.