MAHAVEER PRASAD SHARMA Vs. MOHAMMAD WASHIM

JUDGEMENT

(1.) THIS petition filed by the tenant seeks the quashing of the order dated 12th March, 2008 passed by the Prescribed Authority whereby the amendment application filed by the tenant for incorporating certain amendments in the reply filed to the application filed by the landlord 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) for release of the shop in dispute, was dismissed.

(2.) THE records of the writ petition indicate that the landlord had filed an application under section 21 (1) (a) of the Act for release of the shop on the ground floor, asserting that it was required for establishing his son in business of General Merchant. The tenant had filed a reply to the said application. Subsequently, the amendment application was moved for amending the written statement to bring on record the fact that subsequently the landlord had let out the building on the first floor to a coaching center.

(3.) LEARNED Counsel for the petitioner submitted that the Court below committed an illegality in rejecting the amendment application and in support of the contention, learned Counsel for the petitioner has placed reliance upon the decision of the Supreme Court rendered in the case of Usha Balashaheb swami and others v. Khan Appaso Swami and others, 2007 68 ALR (SC) 166.