Prakash Krishna, J. - (1.) HEARD, learned Counsel for the parties and pe rused' the record. The present writ petition is directed against the interlocutory order dated 30th July, 2007 passed by the prescribed authority in Rent Case No. 14 of 2006 Satish Chandra Nigam v. Kishore Seth. The respondent herein filed an application for release of the accommodation in possession of the petitioner as tenant on the ground of bonafide need under section 21 (1) (a) of U.P. Act No. 13 of 1972. The said release matter is still pending. The petitioner who is tenant filed an application for spot inspection by a Commissioner to be appointed by the Court with regard to the accommodation in possession of the landlord. The said application having been dismissed by the impugned orders, the present writ petition has been filed.
(2.) HAVING heard, learned Counsel for the parties, it seems necessary that the accommodation in occupation of the landlord may be got inspected by the prescribed authority through an Advocate Commissioner. Learned Counsel for the respondent also agrees to the suggestion of the Court that it will facilitate the early disposal of the release application. In this view of the matter, the order dated 30th July, 2007 is hereby set aside. The application filed by the petitioner for spot inspection of the accom modation in possession of the landlord through Vakil Commissioner is al lowed. The prescribed authority shall appoint a Commissioner for spot inspec tion. It was submitted by the learned Counsel for the respondent that the re spondent is an old and aged person he is about 87 years old. The prescribed au thority is therefore, directed to dispose of the release matter expeditiously preferably within a period of 3 months from the date of production of the certi fied copy of this order. Parties shall co-operate with the prescribed authority in this regard.
(3.) IT was also submitted that the petitioner is not paying any rent since 2001. The petitioner shall pay the arrears of rent if not already paid to the landlord. In this regard the landlord may furnish the bank details before the prescribed authority and the prescribed authority shall pass appropriate or der directing the tenant to deposit the rent in the said bank account. The writ petition succeeds and is allowed.;