GURUDEO SINGH Vs. NEERAJ BATRA ALIAS NEERAJ BHAGAT

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and perused the record.

(2.) Father of the Petitioners purchased the disputed premises on 21.8.1997 in the name of the Petitioners for settling his two sons namely Narendra Singh and Dileep Singh. The Petitioners preferred an application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 on 20.12.2003 for release of the disputed premises for personal and bona fide need which was contested by the Respondent by filing written statement on 4.1.2005. On the request of the Respondent, a Court commission was issued who submitted its report on 7.10.2007 after inspection of the spot in presence of counsel for the parties. The report of the commission was confirmed by order dated 10.1.2008 with the consent of the parties subject to the evidence led by them. The tenant also immediately moved an application denying that that he had not given any warrant. This application was rejected by order dated 6.2.2008. The orders dated 10.1.2008 and 6.2.2008 were challenged by the Respondent in a Civil Misc. Writ Petition No. 19177 of 2008 which was dismissed by this Court by order and judgment dated 15.4.2008 which is thus:

(3.) It also appears that the Respondent also moved an application for appointment of Commissioner to inspect the alleged garrage in house No. 127/1123 block W-1 Saket Nagar, Kanpur which was referred by the Court vide order dated 3.11.2008. The Respondent Neeraj Batra then preferred a Writ Petition No. 59689 of 2008 in which the Court directed the court below to reconsider the application of the Respondent for appointment of Commissioner, by means of the order dated 19.11.2008. The order runs thus: