SEWARAM Vs. DISTRICT JUDGE, DEHRADUN AND ANR.

JUDGEMENT

(1.) HEARD Sri S.S. Pandey, learned Counsel for the petitioner and Sri Rajesh Tandon for the respondent. The petitioner had filed an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 against his tenant Raghunath Prasad for the release of the disputed accommodation. The application was allowed finally by the Appellate Authority with certain directions. The petitioner moved an application for execution of the order of the Appellate Authority under Section 22 of the Act. The tenant raised an objection as regards the actual accommodation from which he is to be evicted. The petitioner has filed this petition that the order of the Appellate Authority should be given effect to. The dispute is as to which particular portion is to be vacated by the tenant -respondent. There is a dispute as to what is the actual order which has been passed by the Appellate Authority in respect to the accommodation in question. This matter can be examined by the Prescribed Authority while disposing of the execution application. The tenant -respondent has already filed objections. The Prescribed Authority shall, after taking into consideration all the aspects and the material evidence, which may be produced by the parties, comply with the order of the Appellate Authority. If there is any dispute with regard to the accommodation which has been directed to be vacated by the tenant, he may consider all the relevant aspects and the material on record. As the matter is very old/the Prescribed Authority concerned shall dispose of the execution application within a period of two months from the date of production of a certified copy of this order by a reasoned order.

(2.) THE writ petition is, accordingly, disposed of finally with the above observations.