DEEPAK GUPTA S/O LATE JAI PRAKASH GUPTA Vs. URMILA AGARWAL W/O ARUN AGARWAL AND OTHERS
LAWS(UTN)-2012-9-174
HIGH COURT OF UTTARAKHAND
Decided on September 18,2012

Deepak Gupta S/O Late Jai Prakash Gupta Appellant
VERSUS
Urmila Agarwal W/O Arun Agarwal And Others Respondents

JUDGEMENT

- (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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