GAURISHANKAR Vs. HOUSE ALLOTMENT OFFICER NAGPUR

JUDGEMENT

(1.) Should an appellant in a Letters Patent Appeal arising in writ jurisdiction be permitted to raise a new legal ground, not pleaded by him herebefore, for the first time during the hearing of the Letters Patent Appeal?

(2.) This is a second round of litigation in respect of house No. 94, situated in ward No. 1 Tekdi Road, Sitabuldi, Nagpur, of which K. R. Chourasia was the previous owner and Mr. Shyamlal Gyarsilal Gogayan (Shyamlal) is the present owner. In the first round of litigation it was alleged that the appellant G. G. Chourasia (Gaurishankar) was unauthorisedly occupying the house having been inducted therein as a licencee by the previous landlord. As K. R. Chourasia had sold the house to Shyamlal, an interested person H. S. Bajpai had moved the house allotment officer for allotment of the premises in question alleging that the occupation of Gaurishankar is unauthorised. The plea prevailed with the house allotment officer who ordered the eviction of Gaurishankar but that order was challenged in this Court in writ petition No. 2081/81. The matter was remanded to the house allotment officer with a direction to afford all opportunities to the parties to lead evidence.

(3.) Thereafter the house allotment officer on the basis of evidence tendered by Mr. K. R. Chourasia, the former landlord held that Gaurishankar was not a tenant of the premises and ordered his eviction. Writ Petition No. 1810 of 1983 filed against this order having been dismissed summarily by a learned single Judge of this Court, the present Letters Patent Appeal is filed.