JINAT KHAN Vs. DISTRICT JUDGE

JUDGEMENT

(1.) HEARD petitioner's Counsel. This is tenant's writ petition. Thus writ petition is directed against the interlocutory order dated 18.2.98 passed by the District Judge, Jhansi in Rent Control Appeal No. 33/97 whereby the Lower Appellate Authority has rejected the application of the petitioner moved for issuing commission. A perusal of the impugned order indicates that the tower Appellate Court was of the opinion that there was hardly any justification for issuing commission as both the parties have filed maps in the Court below and the extent of accommodation given the maps is substantially the same. Whether or not any portion of the building in question is vacant and available for the landlord is a question to be decided on the evidence led by the parties and not through commission. In any view of the matter the question whether any prejudice has been caused to the petitioner due to non -issuance of commission can only be judged after the appeal is decided by the Lower Appellate Court. To me, it appears that this writ petition has been filed merely to delay the disposal of appeal.

(2.) THIS writ petition is, therefore, dismissed in limine with the observation that the Lower Appellate Authority shall proceed to decide the appeal expeditiously.