- (1.) Heard Sri S.K. Verma, learned Senior Counsel assisted by Sri Siddhartha Varma, learned counsel for the petitioner and Sri Siddharth Srivastava, learned counsel appearing for the respondent.
(2.) This writ petition has been filed for issuing a writ of certiorari quashing the judgment and order dated 13.11.2013 passed by the appellate authority in Rent Control Appeal No. 14 of 2010 (Sardar Daljeet Singh Vs. Ram Kumar Bajpai) by which the petitioner's application no. 130(ga) has been rejected.
(3.) The facts giving rise to this case are that it appears the respondent no. 2, claiming himself to be the landlord, has filed an application under section 21(1)(a) of the UP Act No. 13 of 1972, seeking release of the shop in question, which is in occupation of the present petitioner, on the ground of expansion of the boundaries of Shop No. 132, which is adjacent to the eastern side of the shop in question situated at Subhash Nagar, Bareilly. The release application, being P.A. Case No. 24 of 2003, was allowed on 19.7.2010. Aggrieved by this order, the present petitioner has filed an appeal, which was numbered as Rent Control Appeal No. 14 of 2010 (Sardar Daljeet Singh Vs. Ram Kumar Bajpai). In the said appeal, the petitioner filed interrogatories requiring him to answer the following questions: "1. Are you the owner in your name or not of the shop which situates in the east of the shop in dispute which is alleged to be expanded by you by removing its western wall for assimilating the shop in dispute with it? 2. Whether there is any sale-deed or any deed of transfer in your name for your ownership in respect of the shop which situate in the east of the shop in dispute if so whether such a document is a registered or unregistered ownership document, please reply the interrogatory with detailed particulars with the name of transferor and the particulars of registration if any?";