SANJAY ALIAS MATHURA Vs. ONKAR ARORA

JUDGEMENT

(1.) Heard Sri A.K.Malviya, learned counsel for the petitioner.

(2.) The present writ petition seeks to challenge the order dated 01.05.2019 passed by the Judge, Small Causes Court, Saharanpur in P.A. Case No. 26 of 2016 whereby the application (Application No. 52-Ga) filed by the petitioner under Section 34 (1) (c) of U.P. Act No. 13 of 1972 read with Rule 16 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 has been rejected.

(3.) The records of the case indicate that upon an application for release having been filed under Section 21 (1) (a) by the respondent-landlord setting up his bonafide need, P.A. Case No. 26 of 2016 (Onkar Arora Vs. Sanjay alias Mathura) was registered. The parties had put in their appearance and after exchange of pleadings, the evidence of both the parties was closed on 10.07.2018, and after 25.07.2018 the case was being listed for arguments. On 07.03.2019 the arguments on behalf of the applicant-landlord were concluded, and the matter was posted for arguments of the defendant-tenant. It was at this stage that an application (Application No. 52-Ga) was filed by the petitioner-tenant for obtaining a demarcation report by Amin Commissioner in respect of certain other properties which were said to be in possession of the applicant-landlord. The aforementioned application came to be rejected by the Prescribed Authority vide order dated 01.05.2019 and thereafter the present petition has been filed.