NARDEV SHARMA Vs. RAVINDRA KUMAR JAIN

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for issuance of writ of Certiorari for setting aside the order dtd. 5/9/2020 passed by Addl. District Judge, Vikas Nagar, Dehradun in Rent Control Appeal No. 3 of 2019 whereby he has set aside order dtd. 22/7/2019 passed by Civil Judge (Senior Division), Vikas Nagar, Dehradun in P.A. No. 3 of 2017 dismissing the application for release filed under 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction Act), 1972.

(2.) The facts, that are not disputed in this case, are that petitioner happens to be a tenant of Respondent. Respondent filed a SCC Suit before the Judge, Small Cause Court bearing no. 01 of 2015 while that application was pending before the competent Court he filed another application for release of property bearing P.A. No. 3 of 2017 before the learned Civil Judge (Senior Division), Vikas Nagar, praying for release of the rented premises on the ground that he requires the said property for his own personal use and that property is in dilapidated, requires its demolition, and then reconstruction. Learned Civil Judge (Senior Division) being the Prescribed Authority under the aforesaid Act, dismissed the application. The Respondent preferred an appeal bearing Rent Control Appeal No. 3 of 2019 before the Additional District Judge, Vikas Nagar, Dehradun. As per the impugned judgment, the Appellate Authority allowed the said appeal and set aside the order passed by the Prescribed Authority and directed eviction of the petitioner by allowing the application for release filed by the Respondent.

(3.) The only question that arises for consideration, at present, is that whether during the pendency of the SCC Suit for eviction of the petitioner from the self same property, the application for release under special Statue is maintainable. On this count, though several contentions have been raised but this Court is of the opinion that though the learned Additional District Judge, in impugned judgment at paragraph 36 has noted that one SCC suit is pending, but has not given any finding whether second application for the release for the self same acquired property is maintainable or not.