SARDAR CHARAN SINGH Vs. PRESCRIBED AUTHORITY JHANSI

JUDGEMENT

(1.) R. H. Zaidi, J. Heard learned Coun sel for the petitioner. By means of this petition filed under Article 226 of the Constitution of India petitioners challenging the validity of the order dated 26-5-2000 whereby applica tion filed by the petitioner to call the ex pert whose report has been filed by the respondent No. 2 in support of his case or cross-examination has been rejected by the respondent No. 1.

(2.) IT appears that the respondent No. 2 filed an application under Section 21 (1) (a) of the U. P. Urban Buildings (Regula tion of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972), for short the Act, seeking release of the shop in dispute which was in occupation of the petitioners. Petitioners on receipt of the notice from the Court of the Prescribed Authority, filed their written statement denying the claim of respondent No. 2 and asserting that his need for the shop in dispute was neither genuine nor bona fide. Plea of comparatively more hardship was also taken. In support of their cases, par ties produced evidence, oral and documentary, including reports of experts.