YAAR MOHD ALIAS PAHALWAN Vs. MEHMOOD KHAN

JUDGEMENT

(1.) B. K. Rathi, J. Heard Sri S. P. Mehrotra, learned counsel for the petitioner and Sri Iqbal Ahmad, learned counsel for respondent Nos. 1 and 2.

(2.) THE premises in dispute is a residential accommodation, bearing No. 88/488-A, Qasimganj, Faheemadabad, Kanpur. An application was moved for release of the same by the respondent Nos. 1 and 2 under Section 21 (1) (a) of U. P. Act No. XIII of 1972. That application was allowed on 18-11-1998 by order, An-nexure-5 to the petition. Against the order of release, the petitioner preferred an ap peal No. 228 of 1998 under Section 22 of U. P. Act No. XIII of 1972, which is pending before the respondent No. 3. In the appeal, the petitioner moved an application for issue of commission. Annexure-6 to the petition to examine the extent of accom modation in house No. 98/19 Beconganj, Kanpur which is in occupation of the landlords, respondent Nos. 1 and 2. THE application for issue of commission was rejected on 17-3- 2001 by order, Annexure-8 to the petition. Aggrieved by the order, the petitioner has preferred this petition invoking extra-ordinary jurisdiction of this Court under Article 226 of the Con stitution of India.

(3.) IN view of the above, respondent No. 3 has erred in rejecting the applica tion.