DHANNU KUSHWAHA Vs. MAHENDRA KUMAR SAHU

JUDGEMENT

(1.) R. H. Zaidi, J. By means of this peti tion filed under Article 226 of the Con stitution of India, petitioner prays for is suance of a writ order or direction in the nature of certiorari quashing the order dated 20-8-1996 passed by the Prescribed Authority and the order dated 28-9-2000 passed by the Appellate Authority in proceedings under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of l972),for short the Act.

(2.) IN the above noted petitions com mon questions of law and facts are in volved. As desired by the parties, they were heard finally at this stage and are being disposed of by this judgment.

(3.) I have considered the submissions made by learned counsel for the parties. It is not disputed that the application for permission to file additional evidence was allowed by the Appellate Authority. After allowing the said application, it was obligatory upon the Appellate Authority to take into consideration the additional evidence before passing final orders on the appeal filed by the petitioner. A perusal of the judgment and order passed by the Appellate Authority shows that neither the additional evidence filed by the petitioner nor the counter-affidavit filed on behalf of the contesting respondents was taken into consideration by Appellate Authority. It is well settled in law that the Appellate Authority has got jurisdiction to grant per mission to file the additional evidence. It the permission is granted and additional evidence is filed, it becomes obligatory upon the Appellate Authority to take into consideration the additional evidence otherwise the purpose of filing the addi tional evidence is to be frustrated. In view of these facts, without going into other questions involved in the case, this peti tion deserves to be allowed and the case is liable to be remanded to the Appellate Authority for decision afresh.