BADRI PRASAD Vs. 2ND ADDL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceeding under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U. P. Act XIII of 1972, hereinafter referred to as the Act. The property in dispute is a shop which is a portion of house No. 58, Khuldabad, Allahabad. The petitioner is the tenant. Respondent No. 3 is the landlord.

(2.) AN application was moved under Section 21 of the Act for release of the shop in dispute on the ground that the landlord requires the premises for his bonafide use.

(3.) I have heard the learned counsel for the parties. The first contention raised by the learned counsel for the petitioner is that the , lower appellate court erred in not making a local inspection inspite of the fact that an application was made to that effect. The application has been attached as Annexure 7 to the petition. It is not disputed that no application for local inspection was made before the prescribed authority. The application for inspection was made not to be inspected by the court but for an issue of Advocate Commissioner who may inspect the premises in dispute. The petitioner had led no evidence whatsoever before the prescribed authority as to the extent of the accommodation which according to him was in possession of the landlord and which could have been used for business purposes. In the absence of any such evidence, there was no justification to move an application before the appellate court for appointment of an Advocate Commissioner. This application in my opinion was made only to obstruct the proceedings before the appellate court and for no other purpose. The purpose for which the Advocate Commissioner was sought to be appointed for inspection was only to adduce additional evidence which the petitioner could have done without appointment of the Advocate Commissioner. In the circumstances, it cannot be said that the lower appellate court was not justified in rejecting the application moved by the petitioner for inspection.