POOJA GUPTA Vs. PUSHKAR KUMAR

JUDGEMENT

(1.) THE petitioner is opposite party No. 3 in the application filed by the landlord under section 21 (1) (a) of the U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "act") for eviction of the opposite parties from the shop in dispute on the ground that the landlord bona fide required it.

(2.) OPPOSITE party Nos. 1 and 4 had put in appearance and file their written statement. The two daughters namely opposite party Nos. 2 and 3 were served by publication on 25. 1. 2007 but they did not file the written statement within the time specified. Opposite party No. 2 Smt. Deena Gupta filed an application seeking permission to file the written statement. This application was rejected by the Prescribed Authority on 26. 2. 2008. Subsequently opposite party No. 3 Smt. Pooja Gupta also filed an application seeking permission of the Prescribed Authority to file the written statement. This application was rejected by the order dated 17. 4. 2008. It is this order which has been impugned in the writ petition.

(3.) THE record of the writ petition indicate that Sri Surendra Kumar Gupta was the tenant of the shop in dispute and after his death his widow, two daughters and his son became joint tenants. Opposite party Nos. 1 and 4 have already filed a written statement and are contesting the case. The Prescribed authority has fixed today's date i. e. 21. 5. 2008 for judgment.