VIJAY GUPTA Vs. NANHI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for respondent Nos. 1 to 4.

(2.) BY means for this petition, moved under Article 227 of the Constitution of India, the petitioner has sought direction quashing the order dated 03 -022005, passed In Rent Control Case No. 11 of 2000, by Prescribed Authorlty/Addl. Civil Judge (Junior Division), Haldwani, District Nainital, whereby she has allowed the application under Section 28 -8 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

(3.) BRIEF facts of the case, as narrated in the petition, are that the predecessor of respondent Nos. 1 to 4 moved an application under Section 28 -B of the U.P. Act No. 13 of 1972 before the Prescribed Authority, Haldwani (copy Annexure -l to the petition) with the allegations that they are the tenant of the house in question on rent at the rate of Rs. 15/ - per month. It is further stated in said application by Hari Shankar, the predecessor of respondent Nos. 1 to 4 that, for studies of his children he needs electric connection for domestic use but on account of objection raised by the petitioner and his brothers (landlords), the tenant is deprived of the electric connection. The said application was contested by the petitioner challenging the tenancy of predecessor of respondent Nos. 1 to 4 and, as such, justified objection to the electric connection to the predecessor of respondent Nos. 1 to 4. It Is further stated in the petition filed before this Court that the rent which was being deposited by Hari Shankar, predecessor of respondent Nos. 1 to 4, was at his own risk and the petitioner's rights are not affected by it. Learned Prescribed Authority after hearing the parties, allowed the application granting the permission to install the electric connection in the house in question Aggrieved, by which this petition has been filed.