- (1.) B .S. Verma, J.;- (Interim Relief Application No. 335 of 2011) Heard Mr. Devesh Upreti, Advocate, learned counsel for the petitioner and Mr. Piyush Garg, Advocate, learned counsel for the respondent no. 1 and perused the record.
(2.) BY means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the order dated 6- 12-2010 passed by the Prescribed Authority/Civil Judge (Senior Division) Dehradun in Rent Case No. 42 of 2005, Bishan Kumar Versus Vidhya Devi. Petitioner has further prayed to allow the impleadment application, paper no. 188-Ka, of the petitioner. Briefly stated, the facts giving rise to the present writ petition are that the respondent no.1 moved a release application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (for short the Act) against the respondent nos. 2 to 4, on the ground of bona fide need, claiming himself owner and landlord of the shop in question. The petitioner filed impleadment application paper no. 188-Ka alleging himself to be the owner and landlord of the shop in question. Objections 192- Ka have been filed by the respondent no. 1.
(3.) IT is alleged in paragraph no. 5 of the application, paper no. 188-Ka, that the shop was mortgaged in favour of Lala Chirangi Lal and Hardayal on 16-6-1924 but no title was transferred in their favour. The petitioner has also filed Civil Suit No. 367 of 2010, Kamal Kumar Adhikari Vs. Bishan Kumar and 2 others for declaration of his rights in the Court of Civil Judge (Senior Division) Dehradun.;