JUDGMENT :

The petitioner in this Writ Petition is a tenant, who has put a challenge to a non-concurrent appellate judgment dated 22nd July, 2017, as it has been passed by the Court of 5th Addl. District Judge, Dehradun, in Rent Control Appeal No. 10 of 2015, Subhash Chandra Sonkar and others Vs. Som Prakash, whereby, the Appeal filed by the tenant/respondent No.1 has been allowed, and as a consequence thereto, the release application under Section 21(1) (a) of Act No. 13 of 1972, decided on dated 5th June, 2015, as passed by the learned Prescribed Authority in PA Case No. 30 of 2009, has been set aside, and as a consequence, thereto, the release sought under Section 21 (1)(a) of Act No. 13 of 1972, has been rejected.

2. The learned counsel for the petitioner has argued that prior to the institution of the release application, he has issued a notice dated 9th February, 2009, which he has pleaded in the release application in para 2, in which he contends to argue that, that would be a notice in furtherance of the implications contained under the proviso to Section 21(1) (a) of Act No. 13 of 1972. He submits that since the condition given therein, has not been complied with, the princi