HARJINDER SINGH @ BILLA Vs. HARVANSH LAL

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks the following relief, among others:

(2.) Plaintiff -landlord -respondent herein filed an application for release under Section 21(1) (a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as Act No. 13) against the tenant -petitioner in the year 2015. During the course of hearing, the affidavits were exchanged, as is the usual practice adopted for the disposal of such applications. The petitioner wanted to cross examine son of respondent, Dr. Amit Arora, and daughter -in -law, Dr. Shweta Arora. Learned Prescribed Authority did not permit the petitioner to cross - examine such witnesses, hence the present writ petition.

(3.) The scope of cross -examination of any witness in prescribed authority case has been dealt with by the Division Bench of Hon'ble Allahabad High Court in Khusi Ram Dedwal vs. Additional Judge, Small Causes, decided on 13th July, 1997. The same has also been discussed in Mohd. Akram vs. Prescribed Authority, decided on 28th January, 2011 and Mahesh Chand vs. Additional Civil Judge, decided on 28th January, 2005.