NIRMAL F JOHN Vs. DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) THIS is tenant's petition against the order of learned District Judge, Jhansi, who dismissed his appeal against the order dated 3-5-1991 of the learned Prescribed Authority (Civil Judge, Jhansi) whereby he had allowed landlord's release application and had directed the petitioner to vacate the accommodation in dispute within one month of the order. Opposite party no. 3, Kishan Lal Gar, who is landlord of the said accommodation, filed caveat and both the parties were heard on the point of admission. After going carefully through the judgments of the learned Prescribed Authority and the learned District Judge, Jhansi, I found no error manifest on the face of the record for justifying interference in the exercise of the jurisdiction under Article 226 of the Constitution of India. It need not be mentioned that the said writ jurisdiction of this Court is of supervisory nature and not that of a Court of second appeal. In view of the concurrent findings of fact and law returned by the learned Prescribed Authority and the appellate court, it does not appear proper to admit this petition particularly because neither of the two courts committed any mistake apparent on the face of the record.

(2.) IT may be mentioned that it is a case in which the tenant i. e. the petitioner had acquired three houses numbered as 12/17A, 12/53A and 423/1A in Civil Lines, Jhansi, vide para 6 of the judgment of the court of appeal.

(3.) IN view of the above discission, the writ petition is dismissed summarily at the stage of admission, Petition dismissed.