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2023 Supreme(Online)(UT) 2381

HIGH COURT OF UTTARAKHAND
Manoj Kumar Tiwari, J
Krishan Kumar Sharma – Appellant
Versus
Dr. Narayan Dutt Mishra& another – Respondent


Advocates:
For the Appellants/Petitioners: Kshitij Sah
For the Respondents: Nikhil Singhal

Table of Content
1. application for cross-examination by tenant. (Para 1 , 2)
2. tenant's right to challenge witnesses. (Para 3)
3. summary proceedings and evidence via affidavits. (Para 4 , 5 , 6)
4. prescribed authority's discretion in cross-examination. (Para 7)
5. writ petition's dismissal and court's non-interference. (Para 8)

JUDGMENT

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 f

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