LAXMI KUMAR JAISWAL Vs. XVTH ADJ KANPUR NAGAR

JUDGEMENT

(1.) S. P. Mehrotra, J. Present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India inter alia, praying for quashing the order datd 7-10-2003 (Annexure No. 4 to the Writ Petition) passed by the learned Additional District Judge, Court No. 15, Kanpur Nagar on an explanation (Paper No. 51 Ga2) filed in Rent Appeal No. 156 of 1998. The dispute relates to an accommodation on the ground floor of Premises No. 29/20, Beldari Mohal, Kanpur Nagar. The said accommodation has hereinafter been referred as the "disputed accommodation".

(2.) FROM a perusal of the Writ Petition and the Annexures thereto, it appears that the respondent No. 2 filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short "the Act") against the petitioner for the release of the disputed accommodation. The said release application was registered as Rent Case No. 36 of 1995. Copy of the said release application has been filed as Annexure No. 1 to the Writ Petition.

(3.) IT further appears that during the pendency of the said Rent Appeal No. 156 of 1998, the petitioner filed an application dated 7-5-2003/1-7-2003 (Paper No. 51 Ga2), inter alia, praying for being permitted to make amendments in his said written statement. Copy of the said amendment application (Paper No. 51 Ga2) has been filed as Annexure No. 3 to the Writ Petition.