BABU KHAN Vs. GIRDHARI LAL

JUDGEMENT

(1.) BY the instant writ petitions, the petitioner/tenant has called in question the order dated 21.03.2012 passed by learned Additional District Judge, (Fast Track), No.2, Bikaner in Civil Misc. Appeal No.43/09- Babu Khan Vs. Girdhari Lal, whereby the learned court below has rejected the applications filed by the petitioner-tenant under Order 41 Rule 27 and under Order 6 Rule 17 & S. 151 CPC, 1908.

(2.) HAVING heard learned counsel for the petitioner-tenant- defendant, this Court does not find force in the present writ petition. By the impugned order dated 21.03.2012, the learned Additional District Judge, (Fast Track), No.2, Bikaner, rejected the applications filed by the petitioner-tenant under Order 41 Rule 27 and under Order 6 Rule 17 and Section 151 CPC while observing that bonafide need of landlord is to be seen on the date of filing of eviction suit and subsequently development (publication of alleged advertisement seeking to let out the shop in question by the respondent/plaintiff), if any, taken place, would not come to rescue the defendant-tenant and the applications were accordingly rejected.

(3.) THE grievance raised in the present writ petitions by the tenant under Article 227 of the Constitution of India is that the Appellate Rent Tribunal ought to have decided these applications under Order 41 Rule 27 and Order 6 Rule 17 CPC only at the stage of final disposal of the appeal and not before it. This contention of the learned counsel for the petitioner-defendant Mr. Manoj Bhandari, is not tenable at all because under Order 41 Rule 27 CPC the words "may allow" has been used; and such additional evidence to be taken on record, the order is necessarily a discretionary one and rejection of such application by the learned Appellate Rent Tribunal on the basis of aforesaid reasons, cannot be faulted at all. Such discretionary order does not require any interference by this Court under Article 227 of the Constitution of India, the scope of which is very limited in view of recent Supreme Court decision delivered in the case of Shyam Shetty & Anr. Vs. Rajendra Shankar Patil reported in 2010 AIR SCW 6387. The Hon'ble Supreme Court in the case of Shalini Shyam Shetty (surpa), has held as under: -