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2023 Supreme(UK) 589

SHARAD KUMAR SHARMA
Mahendra Pal Sharma – Appellant
Versus
Prescribed Authority – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shashank Saun.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The proceedings under the Act No. 13 of 1972, are governed by the provisions contained under section 34 of the Act, to be read with Rule 22, as it has been framed under the Act. By virtue of the provisions contained under section 34 of the Act, only part of the procedural aspect of the CPC has been made applicable over the proceedings under Act No. 13 of 1972, and it does not include within it, the aspect of permitting the cross-examination of the witnesses in the summary proceedings of the Act No. 13 of 1972, and that too of the proceedings which are being held under section 21(1)(a) of the Act, which in accordance with the Rule 15 (3), has had to be decided as a summary proceedings within the specified time frame therein. In the summary proceedings, an elaborate trial is not expected, nor is statutorily required to be conducted.

2. The facts of the present case are that the respondent/landlord, is an applicant to the proceedings under section 21(1)(a) of the Act, against which, an objection was filed by the petitioner/tenant. Thereafter, it is contended by the tenant/petitioner that the landlord has submitted the list of documents, which was inc

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