RAJ MOHAN SINGHAL Vs. PRAMOD KUMAR AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the parties and with their consent this petition is being finally disposed off. The respondent-landlords filed a release application under section 21(1)(a) of U.P. Act No. 13 of 1972 against the petitioner-tenant seeking the release of the disputed shop which was in his tenancy on the ground of personal need of Pramod Kumar. After contest the prescribed authority allowed the application vide order dated 6.9.1997 but the consequential appeal was allowed only on the ground that the landlords had not given six months' notice before filing their release application. This order was subjected to challenge by the landlords in Writ Petition No. 16639 of 1998 and a learned Single Judge after hearing the parties allowed the writ petition vide judgment dated 19th March, 2009 holding that after expiry of three years form the date of purchase of a tenanted building, notice is not required. During pendency of the writ petition, certain subsequently events had occurred and it was sought to be brought on record but the learned Single Judge while remanding the matter to the appellate authority for decision afresh, made no comments thereon and directed that the matter may be decided afresh in accordance to law within four months. The petitioner tenant challenged the said order before the Apex Court by the special leave to appeal was dismissed on 6th of July, 2009 with a direction to the Appellate Court to decide the appeal positively within four months.

(2.) During hearing of the appeal, the petitioner-tenant moved two applications for obtaining a Commissioner's report and for filing additional evidence which have been rejected by the impugned order dated 6th of November, 2009 which is subject-matter of this writ petition.

(3.) Learned Counsel for the petitioner has confined his argument only with regard to rejection of his application for filing of additional evidence to show that possession of another adjacent shop has been obtained after release where Pramod Kumar was doing his business. So for as the application for obtaining Commissioner's report is concerned, has been made.