- (1.) -THE petitioner who is the tenant of the shop in dispute has filed this petition for setting aside the order dated 17. 1,2008 passed by the prescribed authority by which the application filed by the tenant for cross-examination of landlord-respondent No. 2 Mahesh Dutt Kashyap was rejected.
(2.) THE records indicate that the landlord had filed an application under section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'act') for release of the shop in question. It was, inter alia, stated in the application that his eldest son Manoj Kumar Kashyap was sitting idle due to the closure of the pathology shop of Dr. Rajendra Narain Sharma where he was employed; that Manoj Kumar Kashyap was married and was finding it difficult to maintain his family and that he wanted to establish himself in business relating to gift items. It was, therefore, prayed that the shop be released for the bona fide need of the eldest son Manoj Kumar Kashyap and the landlord was also likely to suffer greater hardship in case the release application was rejected.
(3.) A written statement was filed by the tenant. Subsequently an application was moved by the tenant on 30,7. 2007 with a prayer that he may be permitted to cross-examine respondent No. 2 Mahesh Dutt Kashyap who had filed his affidavit in support of the release application. It was stated that it was necessary to cross-examine Mahesh Dutt Kashyap, the landlord on the affidavit filed by him.;