SANGRAM SINGH CHAUDHARY Vs. MUSHARF ALI ANSARI

JUDGEMENT

(1.) Petitioner is a tenant against whom an application for release of the accommodation in question has been filed by the landlord. In the present writ petition, following reliefs have been sought:-

(2.) Petitioner contested the release application by filing a written statement. Subsequently, he filed an application 57(ga) seeking permission to file supplementary affidavit for bringing on record certain documents and also for correcting typing mistakes in the affidavit earlier filed by him. The said application was allowed by learned Prescribed Authority vide order dated 008.2016, subject to payment of cost of Rs. 200 and permission was granted to the petitioner to file supplementary affidavit bringing on record certain documents mentioned in para-1 of his application and also for correcting the typing mistakes in his affidavit.

(3.) Petitioner, thereafter, filed a supplementary affidavit running into 14 paragraphs. The respondent objected to filing of such supplementary affidavit on the ground that petitioner cannot be permitted to develop a new case through supplementary affidavit by filing an objection (74 ga). Learned Prescribed Authority vide order dated 07.02.2017 allowed the objection of the respondent and held that petitioner's supplementary affidavit shall be read in evidence only to the extent of correction of typing mistakes. Petitioner thereafter filed a revision which was numbered as Civil Revision No. 01 of 2017, which was dismissed by learned District Judge, Pauri Garhwal vide judgment and order dated 26.02018. Both these orders have been challenged in the writ petition.