P.C. CHARIYAN Vs. DISTRICT JUDGE, NAINITAL AND ANOTHER
LAWS(ALL)-1990-1-85
HIGH COURT OF ALLAHABAD
Decided on January 03,1990

P.C. Chariyan Appellant
VERSUS
District Judge, Nainital And Another Respondents

JUDGEMENT

M.P. Singh, J. - (1.) THE present writ petition is directed against an order of the District Judge, Nainital, dated 19 -3 -1987 dismissing the restoration application filed by the petitioner. The petitioner is a tenant of the premises of which Respondent No. 2 is the landlady.
(2.) AN application under Section 21(1)(a) of U.P. Act No. 13 of 1972 was filed by the Respondent No. 2 for eviction of the petitioner on the ground that the accommodation was needed by her for residential purposes as her need was genuine and bona fide. The Prescribed Authority by an order dated 28 -9 -1984 allowed the said application against which the petitioner filed an appeal before the District Judge, Nainital.
(3.) THE said appeal was transferred by the District Judge on 30 -10 -1984 to the Court of 1st Additional District Judge. Thereafter the case was adjourned on many dates. It appears that the Counsel appearing on behalf of the petitioner had no knowledge about the dales fixed in the transferee Court as a result of which he could not appear and the appeal was dismissed in default on 4 -4 -1986.;


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