SURESH CHANDRA Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) THIS writ petition is directed against an order, dated 13 -12 -1984, Annexure -6 to the writ petition, by the Prescribed Authority under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, the Act), whereby the prayer of the Petitioner to summon Dinesh Chandra for cross -examination was refused.

(2.) AT the time of hearing of this petition appearance was put in on behalf of both the parties and since the case involved a short question of law, the writ petition was heard on merits on the request of counsel for both the patties.

(3.) TO substantiate her case, Smt. Shanti Devi filed an affidavit of Dinesh Chandra, among others. The Petitioner filed an application, Annexure -4, before the Prescribed Authority for summoning Dinesh Chandra for cross -examination so that the true mental state of Dinesh Chandra could de brought before the court. The application was opposed by Annexure -5 to the writ petition contending that there was no reason for summoning Dinesh Chandra for cross -examination and that the question of mental condition of Dinesh Chandra could best be determined by a medical examination. It was said that if the Petitioner wanted Dinesh Chandra to be examined medically, Smt. Shanti Devi was quite willing.