V.K. Khanna, J. - (1.) This landlord's writ petition filed against the order of the District Judge, Dehradun dated 22-12-1983 allowing the appeal filed by the tenant against the decision of the Prescribed Authority allowing the application of the petitioner-landlord under Section 21 (1) (a) of U.P. Act No. 13 of 1972.
(2.) Brief facts for the purposes of deciding the present writ petition are that the petitioner is the owner and landlord of the building known as 'Minerva Castle'. An application under Section 21(1)(a) of the Act was moved by the petitioner on the ground that he has retired from the Indian Army on 31-7-1982 and that the present accommodation is required by him for residence as well as for running lodging house business. The aforesaid application was resisted by the respondent No 2 on the ground that the application was not maintainable for non-joinder of the other joint tenants who had inherited the tenancy od the death of the previous tenant Labh Singh, beside other grounds. The Prescribed Authority allowed the application on 8-9-1983 after giving a decision on all the questions in favour of the landlord, including the question of maintainability of the application. Feeling aggrieved the petitioner preferred an appeal and the District Judge, Dehradun has set aside the order of the Prescribed Authority and has remanded the case to him for disposal of the application again in the light of the observations made in the judgment.
(3.) Learned Counsel for the petitioner in the writ petition has urged that the District Judge in appeal has wrongly held that the application could not be decided. The plea of non-joinder of necessary party had been taken by the tenant and the burden of proof was clearly on him to prove that all the tenants had not been impleaded in the application. Parties had led evidence on the point and in case the tenant succeeded in establishing his plea, the necessary legal consequence in respect of the maintainability of the application would follow.;