MAHENDRA PRATAP SAH Vs. RAJ SACHDEVA

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) BY the present writ petitions the petitioner has prayed for a writ of certiorari qushing the order dated 5.6.2004 and 16.6.2004, annexure 8 and 12 to the writ petition.

(3.) BRIEFLY stated the facts giving rise to the present writ petition are that the respondent is a tenant in a premises known as Rock House, situated in Tallital, Nainital which has been destroyed by fire on 16.4.2004. The plaintiff has stated in his plaint that after destruction of the premises in question by fire the landlord is trying to evict the tenant foribly. The tenant has stated that she has been in possession since before 1953 and as is paying rent to the landlord regularly. Written statement was filed by the ladlord where it has been mentioned that the defendant is a law abiding citizen and he never tried to dispossess the plaintiff forcibly. It was stated that defendant alongwith other co -tenants has already filed application under Section 21(1) (b) before the Prescribed Authority, Nainital.