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2016 DIGILAW 1808 (ALL)

Parasmani Varshney v. Bola Ram (Deceased)

2016-05-10

SUNITA AGARWAL

body2016
JUDGMENT Mrs. Sunita Agarwal, J. – Affidavit of service filed today is taken on record. 2. Sri Sumit Daga learned counsel has put in appearance on behalf of the respondent no.1/1. 3. Respondent No. 1/2 has accepted the notice through personal mode. However, respondent no.1/3 to 1/6 have refused to accept the notice. Service of notice upon all the respondent, is found sufficient. 4. The petitioner filed an application for issuance of commission paper 15/C 2 before the Appellate Court below to assert that the landlord's son namely Kali Charan had purchased a plot of approximately 200 square yard by a registered sale deed and had constructed four shops in a building over the said plot. Evidence along with an affidavit was filed before the Prescribed Authority to establish this fact. However, it appears that the applicant/landlord and his son namely Kali Charan in their affidavits denied this assertion. The application for issuance of commission was earlier filed before the Prescribed Authority but it was rejected on 19.08.2009 on the ground that the Commission could not be issued to collect evidence. In appeal again, the application for commission has been filed with the same assertion. 5. Submission of learned counsel for the petitioner is that the sale deed of the plot purchased by Kali Charan namely the son of landlord has been brought on record. The petitioner possess other documents to establish that four shops in vacant state are available to the landlord which are owned by his son and therefore, he was not in genuine need of the shop in question. 6. This Court is of the view that to establish these facts, the petitioner may file an affidavit to be taken in evidence by the Rent Controller Authority. In case, the Appellate Court on filing of the said affidavit comes to the conclusion that there is a genuine dispute regarding availability of these four shops to the landlord as asserted by the petitioner, and there is requirement to issue commission to ascertain this fact, it may do the needful. 7. Learned counsel for the petitioner submits that the petitioner undertakes to file his evidence with affidavit within a period of three weeks' before the Appellate Court. 8. In case, such an affidavit is filed within the aforesaid period, the Appellate Court shall provide opportunity to the respondents to file rebuttal. 9. 7. Learned counsel for the petitioner submits that the petitioner undertakes to file his evidence with affidavit within a period of three weeks' before the Appellate Court. 8. In case, such an affidavit is filed within the aforesaid period, the Appellate Court shall provide opportunity to the respondents to file rebuttal. 9. An expeditious decision in accordance with law shall be taken without being influenced by the observations made herein above. 10. Dismissed.