Kamleshwar Nath, J. - (1.) THIS writ petition is directed against an order, dated 13 -12 -1984, Annexure -6 to the writ petition, by the Prescribed Authority under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, the Act), whereby the prayer of the Petitioner to summon Dinesh Chandra for cross -examination was refused.
(2.) AT the time of hearing of this petition appearance was put in on behalf of both the parties and since the case involved a short question of law, the writ petition was heard on merits on the request of counsel for both the patties. Smt Shanti Devi, opposite party No. 2, the mother of Dinesh Chandra, filed a petition under Section 21 of the Act for release of a shop which was held by Suresh Chandra, the Petitioner, as a tenant. The relevant ground for the application, under Section 21 of the Act, was that Smt. Shanti Devi wanted to settle Dinesh Chandra, aged 21 years, in cloth or general merchandise business for which she was in bona fide need of the shop. The Petitioner opposed the application in the written statement where, among other things, he said that Dinesh Chandra was a person of undeveloped intellect and, therefore, was not capable of carrying on any business.
(3.) TO substantiate her case, Smt. Shanti Devi filed an affidavit of Dinesh Chandra, among others. The Petitioner filed an application, Annexure -4, before the Prescribed Authority for summoning Dinesh Chandra for cross -examination so that the true mental state of Dinesh Chandra could de brought before the court. The application was opposed by Annexure -5 to the writ petition contending that there was no reason for summoning Dinesh Chandra for cross -examination and that the question of mental condition of Dinesh Chandra could best be determined by a medical examination. It was said that if the Petitioner wanted Dinesh Chandra to be examined medically, Smt. Shanti Devi was quite willing.;