LAWS(UTN)-2017-7-90

RAMESH CHANDRA Vs. ANIL BHAGAT

Decided On July 17, 2017
RAMESH CHANDRA Appellant
V/S
Anil Bhagat Respondents

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari quashing the order dated 29.09.2016, passed by learned Addl. District Judge, Ranikhet, District Almora, in rent control appeal no. 07 of 2015, Ramesh Chandra vs Anil Bhagat, thus setting aside the amendment application no. 22-Ga moved by the respondent.

(2.) An application under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short Act no. 13 of 1972) was filed by the landlord in rent case no. 03 of 2015. Prescribed Authority, vide order dated 12.10.2015, allowed such application. The tenant was directed to handover the vacant possession of the shop in question to the landlord. Aggrieved against the same, rent appeal no. 07 of 2015 was filed by the tenant. During the pendency of rent appeal, the landlord filed an application for amendment under Order 6 Rule 17 CPC for amending his appeal. Said amendment was allowed by the Appellate Authority. Aggrieved against the same, present writ petition has been filed by the tenant-petitioner.

(3.) The only amendment which the appellant before the Appellate Authority wanted to incorporate is to correct the name of father of the seller from whom the property in question was purchased by the landlord.