ANAND PRAKASH Vs. ADDL DISTRICT JUDGE, DEHRADUN

JUDGEMENT

(1.) HEARD Sri S.K. Jain, learned counsel for the petitioner and Sri K.N. Joshi learned counsel for the respondent no. 3.

(2.) BY means of this Writ petition, the petitioner, who is landlord of the premises in dispute, has prayed to issue a writ of certiorari for quashing the order dated 05.01.2000 passed by respondent no.1/Addl. District Judge, Dehradun in Rent Appeal no. 106 of 1988.

(3.) THE facts, In brief, of the case are that the petitioner is landlord of the house no. 47 of Akhara Akhara Moholla, district Dehradun. The first floor of the said accommodation is being used by him for his residential purpose alongwith his family which consist apart from the landlord his wife, his two sons, namely Ramesh aged about 34 years & Hari Ram aged about 25 years and Km. Kanta, the unmarried daughter, both sons of the petitioner are unemployed; the petitioner English Typing Hindi Typing need of the petitioner is bonafide because the two sons of the petitioner are unemployed. Aggrieved by the order dated 13 -05 -1998 passed by the Prescribed Authority, the respondent no. 3 filed appeal which was allowed by the Addl. District Judge, Dehradun vide its order dated 05 -01 -2000. The learned Addl. District Judge, while allowing the appeal has held that the landlord has not indicated the precise nature of business, which he intends to start in the premises in dispute.