PRABHAT KISHOR Vs. RUKMANI DEVI

JUDGEMENT

(1.) The instant petition has been preferred against the order dtd. 22/11/2021 passed in P.A. Case No. 5 of 2020, Smt. Rukmani v. Prabhat Kishor, by the court of Civil Judge (Sr. Div.)/Prescribed Authority, Rishikesh, District Dehradun ("the case"). By it, an application filed by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure, 1908 ("the Code") has been rejected and the petitioner has been directed to file objections on the application for release, filed by the respondent, under Sec. 21 (1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 ("the Act").

(2.) During the course of hearing, on 24/2/2023, a Single Bench of this Court observed that the judgment in the case of Majid Khan v. Gopal Krishna Verma, (2016) 116 ALR 281, on the subject, needs reconsideration. Accordingly, the instant matter has been referred for consideration of the Larger Bench for examining the correctness of ratio laid down in the case of Majid Khan (supra).

(3.) In the case of Majid Khan (supra), while considering the applicability of Order 7 Rule 11 of the Code in the proceedings under the provisions of the Act, it was held that "Perusal of Sec. 34 and Rule 22 of the Act No. 13 of 1972 would make it clear that only few provisions of C.P.C. are made applicable in the cases arising under the provisions of U.P. Act No. 13 of 1972. I am afraid that order 7 Rule 11 of the C.P.C. is not made applicable in the rent control proceedings, therefore, provisions of Order 7 Rule 1 C.P.C. are not available to the tenant petitioner herein."