ANWAR ALI Vs. MOHD. IRFAN AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the record.

(2.) The instant petition has been filed challenging an order dated 25.10.2016 passed by the Additional District Judge/F.T.C., Court No.52, Kanpur Nagar in Rent Appeal No.70 of 2015 by which application 37 - Ga filed by the petitioner to bring on record an RTI query report dated 10th Aug., 2016, obtained from the Information Officer of the Cantonment Board, Kanpur Nagar, has been rejected.

(3.) A perusal of the record would go to show that the landlord - respondents had filed a release application under Sec. 21(1) (a) of the U.P. Act No.13 of 1972 in respect of an accommodation which was in possession of the tenant-petitioner. The release application was contested by setting up a claim, inter alia, that the landlord had other accommodation i.e. House No.54, Meerpur Cantt., Kanpur and House No.274 - A Meerpur, Cantt., Kanpur available to satisfy his need. As to what was the extent of those accommodations was fact in issue. The Prescribed Authority after considering the evidence brought on record allowed the release application by order dated 07.09.2015 against which Rent Appeal No.70 of 2015 was filed which remains pending before the appellate court. During the pendency of the appeal, an application 37 - Ga was filed to bring on record an RTI report dated 10th Aug., 2016 issued by the Public Information Officer, Cantonment Board, Kanpur disclosing that House No.54, Meerpur Chhawani was constructed without obtaining sanction of building plan and that one Mukhtar Ahmad was paying house tax, water tax, etc. of the said premises and in an inspection conducted by the office of the Cantonment Board it was found that Mukhtar Ahmad was in occupation of the premises and had illegally constructed ground floor, first floor, second floor and third floor. The description of the constructions on various floors was also disclosed therein.