LAWS(UTN)-2004-9-65

RAMESH CHANDRA Vs. SATYA PRASAD

Decided On September 27, 2004
RAMESH CHANDRA Appellant
V/S
SATYA PRASAD Respondents

JUDGEMENT

(1.) By the present writ petition, the petitioner has prayed for quashing of the order passed by the Prescribed Authority dated 23.12.2002 as well as the order passed by the appellate Authority dated 2.4.2003. Factual Background of the case.

(2.) Briefly stated the application was filed under ZNo. 13 of 1972 stating therein that the landlord respondent is the owner of the property state at Rudraprayag near Bus Station on Badrinath and Rishikesh Road. The shops have been shown from the letters a, b, c, d and both the shops are adjoining to each other. The shop in dispute was let out by the father of the landlord to Hansraj, the father of Sri Ramesh Chandra at the rate of Rs. 100.00 per month. The shops situate on the first floor whereas the houses are situate below the shops. The rooms, which are below the shops are being used for residential purposes of the landlord.

(3.) The petitioner has denied the averments made in the application and in Para 6 of the written statement it has been stated that the son of the landlord has got a licence for running the grain dealer business and the same is being done from his house itself. He has stated that the second son Naresh Prasad has got a shop at main Bazaar in the name of 'Nautial Pan Bhandar' and two other sons are students.