VINAY KUMAR MADHOK Vs. OM PRAKASH

JUDGEMENT

(1.) THIS is a tenant's petition under Article 226, Constitution of India praying for writ of certiorari to quash the impugned order dated 3.11.1999 passed by respondent No. 2 Additional District Judge, Dehradun in Rent Control Appeal No. 10 of 1999 (Om Prakash v. Vinay Kumar Madhok) filed by landlord against the judgment and order dated January 8, 1990 passed by the Prescribed Authority/Respondent No. 3 dismissing release application of the landlord under Section 21(1)(a), U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. U.P. Act No. XIII of 1972 (for short called 'the Act'), being P.A. Case No. 168 of 1987 (Om Prakash v. Vinay Kumar Madhok).

(2.) BOTH the parties in the instant case were tenants of the residential house No. 101/120, Sayeed Mohalla, Dehradun (called the accommodation). Om Prakash purchased said house (which was in his possession as well as in possession of Vinay Kumar Madhok, tenant/petitioner) vide sale deed dated Jan. 20, 1983.

(3.) IT has also come on record that the tenant-petitioner also intended to purchase the entire house but his wish did not fructify and Om Prakash, respondent No. 1 succeeded in purchasing the entire accommodation (see para 2 of the affidavit of Vinay Kumar Madhok-respondent No. 1 filed as Annexure 3 to the writ petition particular pages 57, 58).