RAJAN TRANSPORT COMPANY Vs. AKHIL KUMAR

JUDGEMENT

(1.) Petitioner is tenant in respect of a shop, situate at Arhat Bazar, Dehradun. Respondent filed an application seeking release of the said shop under Sec. 21(1)(a) of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (for short "Act No. 13 of 1972"), which is still pending before learned Prescribed Authority.

(2.) Petitioner moved an application in the said proceedings, seeking permission to cross-examine the landlord. Petitioner's request for permission to crossexamine landlord was rejected by Prescribed Authority vide order dtd. 13/12/2024. Thus, feeling aggrieved, petitioners have approached this Court.

(3.) Learned counsel for the petitioners submits that wife of the proprietor of petitioner No. 1 Firm, had entered into an agreement to sell with the owner of the shop and paid Rs.16,00,000.00 (Rupees Sixteen Lakh Only), as advance at the time of execution of the agreement and thereafter, Rs.45,00,000.00 (Rupees Forty Five Lakh Only), therefore, wife of petitioner No. 2 has become owner, thus she cannot be dispossessed from the shop in question, and cross-examination of the landlord is necessary to get to the truth of the matter.