DEEPAK OBERAI Vs. VIRENDRA SEHGAL

JUDGEMENT

(1.) Mr. V.K. Kohali, Senior Advocate assisted by Mr. I.P. Kohali, Advocate, present for the petitioner.

(2.) Mr. Vikas Bahuguna, Advocate, present for the respondent.

(3.) This is a defendant's petition. The landlord/respondent moved an application under Section 21 (1) (a) of the U.P. Act No.13 of 1972, for release of the property (Shop) for his bonafide need. The said application of the landlord/respondent was allowed by the Prescribed Authority vide order dated 28.03.2001 passed in P.A. Case No.64 of 1999 (Shri Virendra Sehgal Vs. Shri Deepak Oberai). Subsequently, the appeal was filed by the defendant/tenant which was dismissed vide order dated 03.02.2003, passed by the District Judge, Dehradun in Rent Control Appeal No.40 of 2001. Against the said order dated 03.02.2003, a writ petition no.86 of 2003 (MS) was filed, which was ultimately allowed vide order dated 12.08.2005. Against the order of the High Court the landlord/respondent filed a SLP before the Hon'ble Apex Court which was dismissed vide order dated 14.12.2005 and the judgment of the High Court was upheld.