ANWAR AHMAD ALIAS ANWAR ALI Vs. FIROZUDDEEN

JUDGEMENT

(1.) -

(2.) THIS petition under Article 226 of the Constitution of India is directed against the order dated 18-9-1986 passed by the IInd Additional District Judge, Gorakhpur, allowing the application under section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) filed by respondent no. 1.

(3.) BEING aggrieved against the aforesaid order the respondent preferred an appeal before the District Judge. It is admitted to the parties that during the pendency of the appeal the respondent filed an application annexing therewith two documents to be admitted as additional evidence. The petitioner filed objection to the said application. It is also admitted to the parties that the application was not disposed of and it was ordered to be placed at the time of hearing of the appeal. It is relevant to mention at this stage that the documents filed by the respondent which he wanted to be admitted in additional evidence had direct bearing on the relationship of landlord and tenant between the petitioner and the respondent as the application of the respondent for release of the accommodation in dispute was not held to be maintainable on that ground. It is, therefore, abundantly clear that the question whether there was relationship of landlord and tenant between the parties was a vital question involved in the appeal before the appellate court. The II Additional District Judge, Gorakhpur by order dated 18-9-1986 allowed the appeal of the respondent and while allowing the appeal he relied on the documents filed by the respondent as additional evidence and on the strength of those two documents he reversed the finding of the Prescribed Authority on the question of relationship of landlord and tenant and held that the relationship of landlord and tenant existed between the petitioner and the respondent. The petitioner feeling aggrieved against the said order has approached this Court in the instant writ petition.