Court No. - 7 Case :- WRIT - A No. - 43964 of 2010 Petitioner :- Ashfaq Brather And Others Respondent :- Smt. Shamshunnisha Petitioner Counsel :- Some Narayan Mishra Respondent Counsel :- A. K. Yadav,R. P. Pandey Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner and for the
respondent caveator.
This petition is directed against an order dated
19.7.2010 by which an application moved by the
petitioner tenant for issue of Commission has been
rejected.
It appears that the respondent landlord preferred a
release application against the petitioner tenant
and after the parties had led their evidence, the
Prescribed Authority allowed the release application
against which the petitioner preferred a Rent Appeal
No. 126 of 2009 and when the matter was fixed for
hearing, he moved the said application. The
appellate court has rightly found that the parties
had full opportunity to lead their evidence and
Commission cannot be utilized for collecting
evidence of the parties.
On these facts, the Court is not inclined to
exercise its extraordinary power under Article 226
of the Constitution of India. Rejected.
Order Date :- 29.7.2010
AK