TAHIR Vs. GOPAL KRISHNA VERMA

JUDGEMENT

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

(2.) An application for release was moved by the respondent-landlord under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act no. 13 of 1972'). The proceedings are pending before learned Prescribed Authority / Civil Judge (Sr. Div.), Nainital in Rent Control Case no. 02 of 2016, which is pending since 2016. The landlord concluded his evidence (in the form of affidavits). The release application was fixed for tenant's evidence. At this stage, the tenant moved an application for crossexamination of landlord and his witnesses, which was dismissed by learned Prescribed Authority. Feeling aggrieved against the same, present petition has been filed by the tenant-petitioner.

(3.) The proceedings under Act no. 13 of 1972 are summary in nature, in which the evidence is largely based upon the affidavits and counter affidavits filed on behalf of the parties. Cross-examination of any witness is, although, permissible only when it is necessary in the case. Hon'ble Allahabad High Court has observed in Writ Petition no. 24472 (M/S) of 1995, Kripal Singh vs Prescribed Authority, Haldwani, Nainital and another, as under: