ASHUTOSH JAISWAL Vs. KAILASH CHANDRA AND 4 ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Present writ petition has been filed seeking a writ of certiorari quashing the order dated 19.1.2015 passed by II-Additional Judge, Small Causes Court, Kanpur Nagar in Rent Case No. 1 of 2013 and to allow the application of the petitioner-tenant for local inspection of House No. 32/101A(1) Maniram Bagiya Kanpur Nagar.

(3.) It is contended by learned counsel for the petitioner that the petitioner is tenant of three rooms, Latrine, Bathroom and a Kitchen of House No. 32/101A(1) Maniram Bagiya Kanpur Nagar(hereinafter referred to as 'accommodation in question') which was being used for residential purposes. It is next contended that the respondents filed a release application under Sec. 21(1)(a) of U.P. Act No. XIII of 1972 before the II-Additional Judge, Small Causes Court, Kanpur Nagar being Rent Case No. 1 of 2013 on that ground that the landlord does not have sufficient accommodation and has a big family, therefore, required the accommodation in question for his personal need. Learned counsel for the petitioner contends that the petitioner filed his objections bringing on record that the respondents-landlord is having portion in his occupation, which is more than his need and has additional accommodation in his possession, which fact was concealed by the respondents in the release application. It is contended that the respondents filed their reply to the aforesaid objection of the petitioner but did not deny the averments made by the petitioner regarding additional accommodation. Learned counsel for the petitioner contends that in order to bring the correct position before the prescribed authority and to facilitate the court below to decide the proceedings expeditiously, an application under Sec. 34 of U.P. Act No. XIII of 1972 was filed praying for local inspection of the house in question, which has been rejected by the order impugned.