LALIT MOHAN KANDPAL Vs. ASHOK KUMAR LOHNI

JUDGEMENT

(1.) These are two connected Writ Petition No. 2023/2012 'Lalit Mohan Kandpal vs. Ashok Kumar Lohni' and Writ Petition No. 1629/2012 'Ashok Kumar Lohni vs. Lalit Mohan Kandpal', which are been decided by this common judgment (hereinafter called as first and second writ petition).

(2.) In the first writ petition which has been preferred by the landlord is against the order dated 29.5.2012 passed in Rent Control Appeal No. 3/2010 'Ashok Kumar Lohni vs. Lalit Mohan Kandpal', by virtue of which the landlord's application for amendment, as amendment, as sought in the release application has been rejected. The factual backdrop which has resulted into institution of present writ petitions are that the tenement in question constitutes to be shop bearing no. 11/369 Meera Marg, Haldwani, District Nainital, of which respondent claimed himself to be a tenant. Seeking release of the tenement the landlord/petitioner had invoked the proceedings under section 21 (1) (a) of the Act No. 13 of 1972, which was objected by the respondent/tenant by filing the written statement on 16.11.2007. He alleges himself to be aggrieved.

(3.) It is the contention of learned counsel for the tenant/respondent that initially the landlord had denied the relationship of landlord and tenant and declined to accept him as a tenant. Consequentially to overcome any adverse legal implications, due to non acceptance of rent by landlord, the tenant contends that he has filed an application for depositing the rent by invoking section 30(1) of the Rent Control Act and continued to deposit the rent.