RAJRANI MEHROTRA Vs. K.K. SHARMA (SRI), ADDITIONAL DISTRICT JUDGE/SPECIAL JUDGE (E.G.) ACT JALAUN AT ORAI AND ANOTHER

JUDGEMENT

(1.) HEARD Sri P.K. Jain, Senior Advocate, assisted by Sri Kamal Mehrotra, learned Counsels for the petitioner and Sri M.A. Qadeer Advocate for the contesting respondent.

(2.) COUNTER and rejoinder affidavits have been exchanged which are on record and as agreed between the learned Counsels for the parties, this writ petition is finally decided.

(3.) LEARNED Counsel for the petitioner submits that the appellate Court failed to issue any notice to the tenant of the three shops as directed by this Court and to appoint the Advocate Commissioner to report the matter. A report was pre­pared by the Advocate Commissioner without visiting the shop. The petitioner filed her objection to the report of the Advocate Commissioner along with her own affidavit as well as the affidavit of three tenants namely Shamsher Khan, Ram Dutt Monas and Shamshul Haq. The tenants also filed rent receipts issued to them. The Appellate Authority also failed to decide the objection to the Commissioner's report and made an observation that it shall be examined at the time of final decision but the appellate authority passed an order formulating three points for decision of the case on 18.12.2000 and finally without examining them decided the objection of the petitioner to the Commissioner's report, vide order dated 11.5.2001 to the effect that the shop in dispute shall be released to the petitioner subject to the availability of one shop to the respondent No.2 which is impugned in the instant writ petition.