Uttarakhand High Court
WPMS--2220/2014 on 23 September, 2014
Author: Alok Singh
Bench: Alok Singh
WPMS 2220 of 2014 Hon'ble Alok Singh, J.
Mr. Karan Anand, Advocate for the petitioner.
Learned Revisional Court, vide impugned judgment dated 29.08.2014, was pleased to remand the suit to the JSCC with direction to decide the suit more particularly the issue of applicability of UP Act No. 13 of 1972 afresh after giving appropriate opportunities to the parties.
Mr. Karan Anand, learned counsel for the landlord/petitioner submits that petitioner shall obtain information from the municipality to the effect as to when disputed premises was assessed for the first time and shall place it before the learned Trial Court. He, however, apprehends that while deciding the suit afresh, learned Trial Court may be prejudiced by the observation made by learned Revisional Court. Learned counsel for the petitioner contends that learned Trial Court be directed to decide the suit more particularly issue of the applicability of U.P. Act No. 13 of 1972 purely on the basis of material placed before the learned Trial Court without being prejudice by any observation made by the Revisional Court.
Present petition, thus, stands disposed of with the direction to the learned Trial Court to decide the suit afresh in accordance with law more particularly the applicability of U.P. Act No. 13 of 1972 afresh in the light of material placed before the learned Trial Court without being prejudice by any observations made by the Revisional Court.
CLMA No. 10854 of 2014 stands disposed of accordingly.
(Alok Singh, J.) 23.09.2014 Deepak