SARJOO PRASAD Vs. HANS KUMAR SONKAR

JUDGEMENT

(1.) Sri Iqbal Ahmad, learned counsel for the petitioner contended that the court below at appellate stage has illegally allowed and admitted additional evidence adduced by respondents-landlords though it was not the case of respondents that the documents were not in their possession earlier and, therefore, could not be filed before Trial Court. He submitted that the Appellate Court has committed a patent error by entertaining aforesaid documents without satisfying the requirement of Order 41 Rule 27 C.P.C. He placed reliance on this Court's decision in Ramesh Chand Vs. The District Judge, Bijnor and others,1978 ARC 435 and Nazmuddin Vs. Vth Additional District Judge, Bijnor and others,1992 2 ARC 119.

(2.) In the present case the dispute relates to House No. 103/117 Colonelganj Kanpur Nagar wherein the petitioner is a tenant. The house in dispute was purchased by respondents from erstwhile owner vide sale deed dated 27.02.1990 and information to this effect was conveyed to petitioner-tenant on 22.07.1993. A notice under proviso to Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") giving six months' time was given on 29.04.1994 and thereafter application for release of accommodation in question was filed, registered as Rent Case No. 33 of 1999. In the written statement the petitioner-tenant disputed notice dated 29.04.1994. The Trial Court while deciding the release application held that so far as six months' notice is concerned, the application was filed after nine years from the date of purchase of building in question, and hence in view of decision of this Court in Pramod Kumar and others Vs. Additional District Judge Hapur, Ghaziabad and others, 2009 2 ARC 96 there is no requirement of six months' notice. He accordingly proceeded to consider other aspects of the matter and thereafter allowed release application vide order dated 09.06.2010.

(3.) The petitioner thereafter preferred Rent Appeal No. 63 of 2010, which is pending in the Court of Additional District Judge, Court No. 10, Kanpur.