SH DEEPAK OBEROI Vs. SH VIRENDRA SEHGAL

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 01 -8 -2009 passed by the Additional District Judge/F.T.C. -V, Dehradun in Rent Control Appeal No. 144 of 2008, Sh. Vidrendra Sehgal Vs. Sh. Deepak Oberoi, whereby the learned appellate Court while deciding the application moved by the application moved by the appellant -tenant under Order 41, Rule 27 C.P.C. (paper no. 6 -C) has been allowed on payment of Rs. 500/ - as costs.

(2.) BRIEF facts of the case, necessary for the disposal of the present writ petition, are that the respondent -landlord moved a release application under Section 21(1)(a) of the U.P.Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act) against the tenant for release of the shop in dispute on the ground of his bona fide need.

(3.) THE release application was contested before the Prescribed Authority, who after perusing the evidence of the parties, did not find favour with the applicant -landlord and dismissed the release application by judgment and order dated 27 -8 -2008. Aggrieved, the landlord preferred an appeal under Section 22 of the Act before the District Judge, Dehradun, which was subsequently transferred to the court of the Additional District Judge/ F.T.C. V, Dehradun for disposal.