YAKOOB Vs. PRESIDING OFFICER/CIVIL JUDGE

JUDGEMENT

(1.) HEARD Sri Arun Kumar Gupta, the learned counsel for the petitioner and Sri S.C. Srivastava, holding brief for Sri A.N. Tripathi, the learned counsel for O.P. No. 2. This petition is directed against the order dated 29.5.2000 passed in proceedings under Section 21 of the U.P. Act No. 13 of 1972, by which the Prescribed Authority refused to permit amendment in the objection/reply filed by the petitioner -tenant and to issue commission for preparation of site -plan on scale.

(2.) SRI S.C. Srivastava, the learned counsel for O.P. No. 2 -landlord has submitted that he has no objection if the petition is allowed and the amendments prayed for, in the objection/reply are permitted and the commission is issued for inspecting the spot and preparing a map on scale.

(3.) THE petition is accordingly allowed and the impugned order dated 29.5.2000 passed by the Prescribed Authority, by which it rejected the application No. 87C and 88C, is set aside . The application for amendment (88C) is accordingly allowed. The petitioner will incorporate the amendments in the objection/reply, within the period to be given by the Prescribed Authority and, thereafter, the landlord -opp. party shall have right to file replication/rejoinder -affidavit to the same within such period as the Prescribed Authority may grant for the purpose. The application for commission (87C) is also allowed. The Prescribed Authority shall pass a detailed order for issuing the commission in the light of this application 87C giving the name of the commissioner/Amin and issuing other directions regarding fees etc. and giving a date for filing the report etc.