SMT. NAND KISHORI Vs. SRI SARVAN KUMAR CHAWALA

JUDGEMENT

(1.) Heard Sri Abhinava Krishna Srivastava, learned counsel for the petitioners/appellants/tenants and Sri Ramendra Asthana, holding brief of Sri Munne Lal, learned counsel for the respondent/plaintiff/landlord.

(2.) This writ petition has been filed praying to quash the order dated 27.04.2017 in Rent Appeal No. 91 of 2015 (Smt. Nand Kirhori and others v. Sarvan Kumar Chawala) passed by the Additional District Judge, Court No. 8, Kanpur Nagar whereby the application 90-C filed by the petitioners/appellants/tenants for taking additional evidence was rejected.

(3.) Briefly stated facts of the present case are that undisputedly the husband of the petitioner no. 1 and father of petitioner nos. 2 and 3, Sri Shiv Shankar Lal Gupta was the tenant in shop no. 126/1/15, Vidyarthi Market, Goving Nagar, Kanpur Nagar. The respondent/landlord filed a Rent Case No. 4 of 2011 under Section 21(1)(A) of U.P. Act No. 13 of 1972 for release of the said shop on the ground of his bona fide need. During the pendency of the aforesaid rent case, the aforesaid Sri Shiv Shankar Lal Gupta (tenant) died. He was succeeded by his wife and two sons who were substituted. The aforesaid rent case was allowed by the IInd Additional Judge, Small Causes Court, Kanpur Nagar vide order dated 07.02014. Aggrieved with this order, the petitioners/tenants herein filed Rent Appeal No. 91 of 2015 under Section 16 of the Act. Amongst other grounds, the petitioners/tenant herein also took ground in the aforesaid appeal that the order dated 07.02014 was passed without affording opportunity of hearing and the finding of owning by them the shop no. 126/1/17 in Vidyarthi Market is not based on any evidence. It appears that to support the grounds, the petitioners herein filed an application 69-C2 supported by an affidavit and brought on record affidavit of one Smt. Sushila Verma and certified copy of the registered sale deed dated 06.04.2011 whereby the aforesaid Smt. Sushila Verma purchased the alleged shop no. 126/1/17, Vidyarthi Market, Goving Nagar, Kanpur Nagar. The respondents herein filed objection dated 201.2017. The petitioners herein again filed an affidavit dated 02.02.2017. Thereafter, the respondent herein filed a counter affidavit on 07.02.2017. It was alleged that for the first time, a new stand was taken in para 4 of the counter affidavit dated 07.02.2017 by the respondent/landlord. Petitioners reacted to this and filed an affidavit dated 21.02.2017 in which they denied the allegation and stated that it is a false affidavit filed before the court. However, judgment in the aforesaid Rent Appeal No. 91 of 2015 was reserved by the appellate authority on 04.02017 and the date for delivery of judgment was fixed for 15.02017 on which date the respondent herein filed copies of certain cheques and therefore, the court could not pronounce the judgment and fixed the date for 25.02017. Since for the first time allegations by filing a counter affidavit was made by the respondent herein alleging purchase of shop no. 126/1/17 by Shiv Shankar Lal Gupta in the name of Smt. Sushila Verma and as such the petitioners herein filed an application dated 19.04.2017 being paper no. 90-C whereby they filed copy of bank account of Sri Shiv Shankar Lal Gupta and his wife Smt. Nand Kishori (petitioner no. 1) and requested that it may be admitted in evidence. The very purpose to file these bank passbooks was to demonstrate that not only first stand on the basis of which the order of release was passed, is baseless but also the subsequent stand taken in the counter affidavit dated 07.02.2017 is false. However, this application has been rejected by the Additional District and Sessions Judge, Court No. 8, Kanpur Nagar by the impugned order dated 27.04.2017.