DEEPAK GUPTA S/O LATE JAI PRAKASH GUPTA Vs. URMILA AGARWAL W/O ARUN AGARWAL AND OTHERS
HIGH COURT OF UTTARAKHAND
Deepak Gupta S/O Late Jai Prakash Gupta
Urmila Agarwal W/O Arun Agarwal And Others
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(1.) Heard learned counsel for the parties.
(2.) By means of this writ petition, the petitioner has
prayed for setting aside the order dated 6-9-2012 (Annexure No. 6)
passed by the Prescribed Authority/Civil Judge (Senior Division)
Dehradun in P.A. Case No. 43 of 2010, whereby the application
filed by the petitioner (paper no. 49-Ka) has been rejected on the
ground that the application to implead the petitioner as necessary
party is not maintainable and that the application has been moved
just to prolong the litigation.
(3.) According to the petitioners, the respondent nos. 1 to 5
have filed a release application before the Prescribed Authority
under Section 21(1)(a) of the U.P. Act No. 13 of 1972 on the
ground of bona fide need, which was registered as P.A. Case No.
43 of 2010. The release application has been filed by the
respondent no.1 on her own behalf as well as on behalf of the
respondent nos. 2 to 4 as their power of attorney holder. The
petitioner-applicant claimed himself to be son of Jai Prakash Gupta,
the original tenant in the premises in question. Being the legal heir
the petitioner and respondent no.6, another son of late Jai Prakash
Gupta, they have inherited tenancy rights.;
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