JITENDRA KUMAR PODDAR Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) IN proceedings for enhancement of rent under Section 21 (8) of the U. P. Act No 13 of 1972, the Life INsurance Corporation, who are tenant in the disputed building, prayed for cross examination of the witnesses, who had tiled their affidavits in support of the landlord's case The order dated 13th December, 1989, permitting the cross examination of three witnesses by the Prescribed Authority, has been challenged in the present petition.

(2.) THE petitioner is the owner and landlord of the building in dispute and the ground floor of the building is in the tenancy of life Insurance Corporation. An application under Section 21 (8) of the Act was filed for the enhancement of the rent. In the aforesaid proceedings affidavits were filed by the petitioner, Jitendra Kumar Poddar, Ram Gopal, Ram Babu Jain, Behari Lal Sharma, Iqbal Ahmad Khan, Architect and R. P. Seth, Civil Engineer THE tenant filed written statement and thereafter filed an application on 10th August, 1989 for cross examination of the deponents who had filed affidavits in support of the case of the petitioner. It has been stated in the application of the tenant, "the affidavits of Sri Jitendra Kumar Podder who is the applicant of the case and Sri Ram Gopal who is the father and Attorney holder of the applicant have been filed on false grounds- Besides, it the affidavit of Sri R. p. Seth alleged to be the valuer has also been filed which is absolutely against the provisions of relevant law and rules of valuation and to test the veracity of the contents of affidavits, their cross examination is most expedient and necessary.

(3.) I have carefully seen the affidavits which have been filed by Jitendra Kumar Poddar, Ram Gopal and R. P. Seth and are on Yecord filed as Annexures 3. 4 and 5- a and 5-B respectively. There is nothing to indicate that the statements made in these affidavits are on the face of it false and not in compliance with the rules and regulations, in proceedings under U. P. Act No. 13 of 1972.