Decided on July 05,2013

Basanti Shah And Another Appellant
Dinesh Chandra Tiwari Respondents


- (1.) By means of this writ petition, the petitioners have prayed to issue a writ or direction in the nature of certiorari for quashing the impugned judgment and order dated 22.06.2012 passed by Additional District Judge/III Fast Track Court, Nainital in Rent Appeal No. 03 of 2009 and judgment and order dated 06.07.2009 passed by Prescribed Authority/Civil Judge (S.D.), Nainital in rent control case No. 05 of 2006.
(2.) Relevant facts giving rise to the present writ petition are that respondent Dinesh Chandra Tiwari filed an application under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short 'the Act') for releasing the accommodation in question. The application was contested by the petitioners by filing written statements alleging therein that the release application has wrongly been filed before the Civil Judge (S.D.) whereas powers of the Prescribed Authority have been given to the Chief Judicial Magistrate, thus the release application has been filed before the Authority who has no jurisdiction. It has been alleged in the written statement that the original tenant was Sri Kishori Lal Shah, who died on 22.11.1980 and at the time of his death, his wife Smt. Basanti Shah and daughters, namely, Neema Shah, Suman Shah and Hema Shah were also residing in the premises in question. It was further alleged in the written statement that earlier Kishori Lal Shah was the original tenant and after his death his legal hears would become the tenant in the premises in question. The applicant/respondent made Smt. Neema Shah party, who is daughter of petitioner No. 1 Smt. Basanti Shah, as the tenant and her mother (petitioner No. 1) residing with her.
(3.) Therefore, petitioner No. 2 was arrayed as respondent in the release application. It has further been pleaded in the written statement that in the Municipal assessment record the name of the tenant has been shown Neema Shah instead of Smt. Basanti Shah and this entry has been made by the Municipal Officials in collusion with the interested persons. The learned Prescribed Authority, on the basis of the documentary evidence led by the parties along with the annexures in their support, vide judgment and order dated 06.07.2009 allowed the release application and directed the petitioners to vacate the premises in question within 45 days.;

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