MOHAN SINGH Vs. SARFARAZ HUSSAIN

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India is directed against the impugned order dated 05.06.2012 passed by the Prescribed Authority/Civil Judge (Sr. Division)/FTC, Almora in Rent Control Case No.2 of 2010, Sarfaraz Hussain & another vs. Mohan Singh and another, whereby, the application filed by the petitioners to cross examine the witnesses has been rejected.

(2.) The factual matrix of the case is that the respondents have filed a release application under Section 21 (1)(a) of U.P. Act No.13 of 1972, bearing No.2 of 2010, Sarfaraz Hussain & another vs. Mohan Singh and another, seeking release of the suit property.

(3.) Petitioners moved an application under Section 34 read with Rule 22 of U.P. Act No.13 of 1972 and under Order 19 and Section 151 of C.P.C. It is averred that the release applicant no.1 was the Executive Engineer and he retired from the service, but he made an assertion that he has no source of livelihood and he is residing in a rented accommodation in Gomti Nagar, Lucknow (U.P.), therefore, a shop, in question, is required for his personal need, so that, he may start his business. He contended that the respondent no.1 has retired from the post of Executive Engineer and is getting a handsome pension and has also received heavy amount of GPF, etc.