SUKHDEV MATTA Vs. PRESCRIBED AUTHORITY, KANPUR

JUDGEMENT

(1.) THIS writ petition has been filed by the tenant whose application for cross -examination of the landlord, in proceedings under Section 21(1)(a) of the U.P. Act No. 13 of 1972, has been refused by the Prescribed Authority by his order dated 16.11.1996 in release case No. 91 of 1993 as per annexure -4 to the writ petition. A caveat was filed by the landlord respondents and the learned counsel for the caveater was also heard when the matter was taken up for hearing.

(2.) THE only two points on which the petition was pressed were: - -

(3.) IN the case reported in, 1987 (1) Allahabad Rent Cases at page 356, the court was again confronted with an application for cross -examination of deponent of an affidavit. It was observed that it was within the power of the prescribed authority to refuse the prayer but before the refusal of the prayer, the Prescribed Authority was required to examine the matter from the correct angle.