O.P.HANDA Vs. USHA MALHAN & ORS.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the judgment and order dated 15-6-1992 passed by learned IIIrd Additional District Judge, Dehradun, in Rent Control Appeal No. 41 of 1989, Smt. Usha Malhan v. Sri O.P. Handa.

(2.) THE respondent's wife is landlady of the building in question who moved an application under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) before the Prescribed Authority/Civil Judge, Dehradun. After receipt of the objection and evidence led by the parties, the Prescribed Authority rejected the application holding that a house was constructed prior to 1982 in the name of Smt. Urmila Handa wife of Sri O.P. Handa (petitioner) and was partitioned between the sons of the petitioner. Since the construction was raised prior to the moving of the application under Section 21 (1) (a) of the Act, there fore, the Prescribed Authority proceed to examine the need and comparative hardship ignoring the protection given under Explanation (1) to sub-section (1) of Section 21 of the Act. After examining the evidence led by the parties and after hearing learned Counsel for both the parties, application for release of the building was rejected.

(3.) HEARD Sri Rajendra Dobhal and Sri Narain Datt, learned Counsel for the petitioner and Sri Gopal Narain, learned Counsel for the respondent and perused the entire evidence on record.