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MANOJ KUMAR TIWARI
Krishan Kumar Sharma – Appellant
Versus
Narayan Dutt Mishra – Respondent
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner is tenant in respect of a building situate at Jwalapur, District Haridwar. Respondents sought release of the said building under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short 'Act No. 13 of 1972'), by moving an application before Prescribed Authority.
2. Petitioner filed objection/written statement to the release application. He also filed an application under Section 34(a) of U.P. Act No. 13 of 1972, seeking permission to cross-examine the landlords and their witnesses. In the said application, petitioner contended that the landlords have suppressed the information about their immovable property and also one clinic owned by respondent no. 1, at Lucknow. It was further contended that since the building in question is very old, therefore, substantial amount of money would be needed for its re-construction, however, the funds available with the landlords have not been disclosed, therefore, truth can only come out when he is permitted to cross-examine landlords and their witnesses. Prescribed Authority rejected the said application by holding that the issue of availability of funds fo
The necessity for cross-examination in a release application under U.P. Act No. 13 of 1972 depends on the specific facts and circumstances of each case, and cross-examination cannot be claimed as a m....
The burden lies upon the person who asserts it, and the court should not permit a person to suppress material facts.
The power to recall any witness under Order 18 Rule 17 can be exercised by court either on its own motion or on an application filed by any of parties to suit requesting court to exercise the said po....
The main legal point established in the judgment is the importance of granting reasonable opportunity to cross-examine witnesses and imposing costs to compensate for any inconvenience caused, as emph....
Point of law : Since there is no bar under law upon the landlord in filing the release application, for which he is not even required to serve a notice under Section 21 of the Act of 1972 upon the te....
The power under Order 18 Rule 17 CPC to recall a witness is intended only for the Court to clarify specific doubts or ambiguities in evidence; it cannot be exercised routinely, nor should it be utili....
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