DINESH KUMAR Vs. KIRAN SURI

JUDGEMENT

(1.) Petitioner is tenant in respect of a shop. He has challenged an order dtd. 2/7/2022 passed by learned Prescribed Authority/Senior Civil Judge, Haridwar in P.A. Case No. 10 of 2019. By the said order, petitioner's application under Sec. 34 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short "Act No. 13 of 1972") seeking cross examination of landlord's witnesses, was rejected.

(2.) Respondent sought release of a shop by filing an application under Sec. 21(1)(a) of Act No. 13 of 1972. Petitioner filed written statement in which he denied need of the landlord. Landlord filed his affidavit in support of contents of the release application and he also filed affidavits of Sri Krishna Kumar Suri, Smt. Neha, Sri Rahul Suri, Sri Hem Kumar Bhasin and Sri Harpal Singh in support of his case. After filing of evidence through affidavits by the landlord, petitioner filed an application under Sec. 34 of Act No. 13 of 1972 seeking permission to cross-examine the persons who filed these affidavits. Landlord filed objection to the said application. Learned trial court rejected petitioner's application, vide order dtd. 2/7/2022. The said order is under challenge in this writ petition.

(3.) Learned counsel for the petitioner contends that learned Prescribed Authority was not justified in rejecting petitioner's application under Sec. 34 of Act No. 13 of 1972, as truthfulness of the statement made in affidavits, filed support of release application, can be tested only through cross- examination.