SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(All) 3899

ANJANI KUMAR MISHRA
Ravi Kumar – Appellant
Versus
Tarun Kumar Agrawal – Respondent


Advocates Appeared:
For the Petitioner:- Sumit Daga

JUDGMENT

Anjani Kumar Mishra, J.

Heard Shri Sumit Daga, learned counsel for the petitioner.

2. The instant writ petition seeks a writ of certiorari for quashing the order dated 14.10.2016 passed by the Prescribed Authority in PA Case No. 49 of 2014, under Section 21 (1) (a) of U.P. Act No. 13 of 1972.

3. The accommodation in dispute is a non-residential accommodation, namely a shop. After the evidence of the parties had been adduced, it appears that the tenant-opposite party filed an application for amendment of its written statement to incorporate a plea that the mandatory six months notice provided by the second proviso to Section 21 (1) had not been given to him.

4. This amendment was being sought by way of abundant caution, the landlord had neither pleaded any such notice in the release application nor had led any evidence in this regard. However, this legal defence had not been mentioned in the written statement, due to oversight.

5. The Prescribed Authority finding that the plea sought to be incorporated, was a legal plea, allowed the amendment application on payment of Rs. 250/- as costs to compensate the petitioner-landlord. It is this order, which is impugned in this writ p



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top