MOINUDDIN Vs. SYED MUSTAFA HUSAIN ABIDI AND OTHERS

JUDGEMENT

(1.) THIS writ petition has been filed against the order dated 16.1.2010 passed by the Special Chief Judicial Magistrate/Prescribed Authority, Kanpur Nagar in Rent Appeal No. 11 of 2007 by which learned Prescribed Authority has rejected the petitioner's adjournment application and fixed a date for adducing evidence.

(2.) THE facts giving rise to this case are that the land lord Syed Mustafa Husain Abidi has filed an application for releasing the accommodation in dipute under Section 21 (1) (a) of U.P. Urban Buildings (Regulations of Lettilng Rent and Eviction )Act, 1972. It appears that during the pendency of the said release application, the landlord has died and present respondents have filed substitution application and also sought amendment in the release application. That was allowed by the Prescribed Authority on 21.10.2009 fixing 22.12.2009 for filing additional objections. On 22.12.2009 the adjournment was sought by the petitioner and case was adjourned for 06.01.2010. On 06.01.2010 further adjournment was sought and it was allowed on payment of Rs.300/- as costs fixing 16.01.2010. On 16.1.2010 another adjournment application was filed which has been rejected by the Prescribed Authority.

(3.) REFUTING the submissions of learned counsel for the petitioner Sri K.N. Nirkhi learned counsel for the respondent submits that the petitioner has filed only adjournment application and not sought time for filing additional objections. Hence the application has rightly been rejected.