B ANTHONY Vs. ADDL D J DEHRADUN

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the order dated 11-1-1995 passed by the Prescribed Authority allowing the application of the landlord-respondent No. 2, under Section 21 (1) (a) of U. P. Urban Buildings (Regula tion of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) and the order dated 8-2-1996 passed by respondent No. 1 dismissing the appeal of the petitioner against the aforesaid order.

(2.) THE petitioner is tenant of premises in question situate at Dhartawala, Panditwadi, Prem Nagar, Dehradun consisting of two rooms, verandah, Bathroom, Kitchen etc. Jaimal Singh, father of respondent No. 2, was the landlord. He filed an application for release of the disputed house in the year 1983 on the allegation that he was residing as a tenant at a monthly rent of Rs. 130 consisting of one room in House No. 63-B, Raipur Road, Dehradun. His family consisted of himself, his wife, his son Rajendra Singh (respondent No. 2) and daughter Km. Jitender Kaur. It was stated by him that Rajendra Singh was married on 24-4-1983 and after his marriage additional accommodation was required. It was further stated that his daughter Jitender Kaur was practising as an advocate and requires additional accommodation.

(3.) LEARNED counsel for the petitioner urged that substitution application should have been filed within thirty days from the date of the death of the landlord. Respon dent No. 2 had filed substitution application aftera delay of one month and eleven days. It is urged that the view taken by the Prescribed Authority that the substitution application could be filed within ninty days was erroneous in law.