SATISH CHANDRA AGARWAL Vs. LAXMI DEVI
LAWS(UTN)-2012-9-92
HIGH COURT OF UTTARAKHAND
Decided on September 13,2012

SATISH CHANDRA AGARWAL Appellant
VERSUS
LAXMI DEVI Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) HEARD Sri Kurban Ali, Advocate appearing on behalf of the petitioner.
(2.) BY means of this petition the petitioner has sought direction for setting aside the impugned order dated 04 -09 -20 12 passed by Civil Judge (Sr. Div.) Kotdwar, District Pauri Garhwal in Rent Case No. 12/2011, Lakshmi Devi and others vs. Satish Chandra Agarwal.
(3.) PERUSAL of record shows that respondents moved application U/S 21(1)(a) of U.P. Act No.13 of 1972, for the eviction of the petitioner, before the Prescribed Authority/Civil Judge (S.D.) Kotdwar which was numbered as P.A. Case No. 12 of 2011 on the ground of bonafide need to start business along with son Jai Prakash Agarwal. The opposite /petitioner filed W.S. Thereafter the applicant respondent No.1 filed her evidence through affidavit and respondent No.3 also filed his affidavit and two more witnesses were also produced before the trial court for evidence. The petitioner moved an application 27 -C before the trial court for seeking leave to cross examine the applicants witnesses. In the application it was alleged that the landlord is joint family and they are having number of business and respondent No.3 is also carrying on Medical Store and wrong facts have been mentioned in the affidavits therefore, cross examination of the witnesses is essential. The learned Civil Judge (S.D.) after hearing the parties and considering the facts of the case, rejected the application vide impugned order dated 4 -9 -2012.;


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