LAWS(UTN)-2006-8-12

BHAGWAN PRASAD GOEL Vs. THE DISTRICT JUDGE

Decided On August 03, 2006
Bhagwan Prasad Goel Appellant
V/S
The District Judge Respondents

JUDGEMENT

(1.) Heard Sri S.K. Jain, Advocate for the petitioner and standing counsel for the respondent No. 1. Both the parties have agreed that let the matter be finally decided at the admission stage.

(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 11 -7 -2006 passed by the respondent No. 1 (Annexure No. 6 to the writ petition).

(3.) THE Prescribed Authority has allowed the release application. Thereafter the petitioner filed an appeal being Rent Appeal No. 2 of 2005 B.P. Goel v. Hem Chand Bansal. During the course of the appeal, he has also filed an application for amendment. The said application was rejected by the District Judge with an observation that by the proposed amendment, the appellant has taken only a legal plea regarding the maintainability of the proceedings under Section 21 of the Act No. 13 of 1972 as having purchased the property from the co -owner of the property and the legal plea may be raised at any stage of the proceeding.