PREM NATH MEHROTRA Vs. ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) By means of the present petition, the petitioner is seeking a writ, order or direction in the nature of certiorari quashing the impugned orders dated 4th May, 2013 and 3rd September, 2011, passed by the Additional District Judge, Court No.1, Etawah and further a direction in the nature of mandamus allowing the amendment application dated 4th July, 2011 ( Paper No. 35-Ga/1), filed by the petitioner.

(2.) The brief facts, giving rise to the present writ petition, are that the petitioner is admittedly a tenant of the Premises No. 308, Mohalla Sarain Shekh (Tiraha Bazar, Railway Station Road), District Etawah, consisting of certain rooms in which the petitioner is doing medical practise in the name and style of 'Anand Medical Hall', since 1953, regularly and at present the age of the petitioner is about 70 years. Earlier to it, the father of the petitioner, late Vishwambhar Nath Mehrotra, was doing the medical practise in the above premises. The respondent no.3, Smt. Abhilasha Devi, claiming herself to be the land-lady of the disputed premises, filed a release application, under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act No. 13 of 1972') for release of the property in question before the Civil Judge (Senior Division), Etawah/Prescribed Authority, which has been registered as Case No. P.A. 8 of 2001. The petitioner contested the release application and filed the written statement wherein, apart from other pleas, has also stated that the relations between the respondent no.3 and her husband, who is also a Doctor by profession, are not at all strained and their relations are very cordial. The respondent no.3 is not in a bonafide need of the premises in dispute. The court below by the judgment and order dated 10th November, 2008 has dismissed the release application. Against the judgment and order dated 10th November, 2008, the respondent no.3 preferred an Appeal under Section 22 of U.P. Act No. 13 of 1972 before the court of the District Judge, Etawah, which has been registered as P.A. Appeal No. 18 of 2008 and has been transferred and is now pending before the Additional District Judge, Court No.1, Etawah.

(3.) Before the appellate court, the petitioner moved several applications, including Applications No. 33-Ga, 38-Ga and 40-Ga.