VIMAL PODDAR Vs. DISTRICT JUDGE MATHURA

JUDGEMENT

(1.) -

(2.) THE petitioners are tenants of residential accommodation situated in Vrindaban which is known as 'Anand Bhavan' Ath Khambha, Vrindaban, District Mathura.

(3.) DURING the course of hearing before me a copy of the order sheet dated 18-8-1987 was produced by the counsel for the respondent which was not disputed by the counsel for the petitioners as it was a matter of record The said order sheet dated 18-8-1987 is being reproduced below :- 18-8-1987 Case called out. Counsels for the parties are present. 51-C-Application by respondents for filing their affidavits alleging that after the amendment was made by the appellants in his application under section 21 of U. P. Act No. 13 of 1972, he was given opportunity to file counter affidavits but he filed writ petition in the Hon'ble High Court which was admitted and therefore the respondent was under the impression that these affidavits could be filed subsequently. The application is opposed. The record shows that after the arguments 5-8-87 had been fixed for judgment. Since my predecessor had handed over the charge, a date for further arguments was fixed. I do not think there was any occasion for the respondents to be under the impression that the affidavits could be filed even after the judgment was delivered. However in the interest of justice I grant the application upon payment of Rs. 40/- as costs. Rejoinder affidavit or affidavits to be filed within 7 days. Arguments in appeal on 28-8-1987. It is the oldest such appeal on file. Counsel of the parties must come prepared for arguments."