KAMLA DEVI Vs. JAGDISH KUMAR

JUDGEMENT

(1.) The Petitioners have invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging the judgment dtd. 7/6/2019 delivered by the Prescribed Authority in P.A. Case No. 36 of 2014 and the judgment dtd. 9/11/2021 rendered by the learned District Judge, Dehradun, in Rent Control Appeal No. 38 of 2019. By both these concurrent judgments, the release application filed by the Respondent-landlord under Sec. 21(1)(a) of the U.P. Act No. 13 of 1972 has been allowed, and the Petitioners, as tenants, have been directed to vacate the premises. The Petitioners seek interference with both findings and pray that this Court quash the impugned orders.

(2.) The dispute pertains to a portion of the property known as "Ganges View" situated in Landour Cantt., Mussoorie. The premises had been let out several decades earlier to the husband of Petitioner No. 1. Upon his demise, the tenancy devolved upon the Petitioners. The Respondent purchased the property in the year 2000 and became the landlord. As per the record, the relationship of landlord and tenant is not in dispute.

(3.) The parties have had an extended history of rent-related communications, including certain notices exchanged in the years 2008 and 2014, which the Petitioners rely upon in support of their submissions regarding waiver and non-compliance with statutory provisions.