GEETA DEVI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri H.N. Misra, learned Senior Advocate, assisted by Sri Abhishek Misra, learned counsel for the defendant-tenant-petitioner.

(2.) This writ petition has been filed praying to quash the order dated 30.09.2019 in Rent Revision No.36 of 2016 (Krishna Devi Vs. Rajendra Kumar), passed by Additional District Judge/Special Judge (PC Act), Court No.2, Gorakhpur, whereby the application 30 C under Order XLI Rule 27 C.P.C. filed by the tenant-petitioner for taking as additional evidence paper No.49 C and 50 C, has been rejected.

(3.) Briefly stated facts of the present case are that the disputed house was purchased by Smt. Premlata Devi, W/o Sri Krishn Mohan by a registered sale deed dated 25.10.1969. She raised new construction after getting the map passed on 25.05.1970 from the Nagar Palika Gorakhpur. A portion of the said house was let out for residential purpose by Smt. Premlata Devi to the original tenant Bansi Lal under a rent agreement dated 31.03.1971. It appears that subsequently, the original tenant made alteration in the tenanted portion and converted it for commercial use and started running a shop. After the death of the original landlady and her husband Krishn Mohan, the house in question was inherited by the plaintiff-respondent Dr. Rajendera Kumar Agarwal, who after determining the tenancy by notice to the tenant, filed SCC Suit No.25 of 2001 (Dr. Rajendra Kumar Agarwal Vs. Bansi Lal). During pedency of the suit the tenant Bansi Lal died and he was succeeded by his six heirs and legal representatives.