MANAK LAL Vs. MOHAMMED AYUB

JUDGEMENT

(1.) BY the instant writ petition, the petitioner/tenant has called in question the order dated 13.01.2012 passed by learned District Judge, Merta in Civil Misc. Appeal No.61/07- Manak Lal Vs. Mohammed Ayub, whereby the learned court below has rejected the application filed by the petitioner-tenant under Order 41 Rule 27 and under Order 6 Rule 17 CPC, 1908.

(2.) HAVING heard learned counsel for the petitioner-tenant, this Court does not find force in the present writ petition. By the impugned order dated 13.01.2012, the learned Appellate Rent Tribunal, Merta (District Judge, Merta) rejected the application filed by the petitioner-tenant under Order 41 Rule 27 and under Order 6 Rule 17 CPC on the ground that additional evidence, which was sought to be produced viz. sale-deed of the property owned by the petitioner- tenant, which was sold after the eviction decree was passed against him, was not a relevant fact and it could not wipe out the ground that alternative accommodation was available to the petitioner-defendant- tenant on the basis of which the eviction decree was passed by the learned Rent Tribunal below.

(3.) ACCORDINGLY , the present writ petition filed by the petitioner-tenant is hereby dismissed. No costs. A copy of this order be sent to the parties concerned and the courts below forthwith.