GANGA PRASAD Vs. KRISHNA NARAIN MISRA AND ANR.

JUDGEMENT

(1.) The tenant/petitioner has come up in writ jurisdiction challenging the order dated 07.04.2015 passed by the appellate court in Rent Appeal No. 34 of 2014, Ganga Prasad Vs. Krishna Narain. By the said order, the petitioner's application was rejected for the reason that the evidence sought to be filed by way of an affidavit by the petitioner was retracted subsequently by another affidavit by the witness.

(2.) The contention of learned counsel for the tenant/petitioner is that the witnesses be summoned before the court to make a statement as the affidavit filed earlier by the witnesses has been retracted. The appellate court noted in the impugned order that the affidavits of such persons was filed by the petitioner, and by the present application petitioner seeks that the witnesses be summoned by the court for examination.

(3.) I have perused the record and the impugned order. The prescribed authority had allowed the release application of the landlord/respondent on 21.01.2014. During the pendency of the appeal, plea was raised by the petitioner that the co-tenant is about to vacate a part of the accommodation, accordingly, the affidavit of the partner of the co-tenant firm was filed by the petitioner which was subsequently retracted, therefore, the petitioner moved an application for summoning the witnesses which has been rejected by the impugned order.