- (1.) Heard Counsel for the petitioner and perused the record. This petition has been filed challenging the validity and correctness of the order dated 20.10.2010 passed on application dated 20.2.2008 for appointment of Advocate Commissioner to submit report on certain facts given in the application as well as the order dated 11.2.2011 passed on the amendment application dated 23.11.2010 in Rent Case No. 3 of 2006, Arun Kumar Jaiswal v. Mahesh Prasad Gupta.
(2.) The petitioner has also prayed for appointment of Advocate Commissioner to submit report on following points: 1. The extent of accommodation available on the ground floor of premises No. 31/93, Ghumni Bazar, Kanpur Nagar. 2. The extent of accommodation and its nature/use in occupation of the opposite party in premises No. 31/20 and 29/47, Mohalla Ghumni Bazar, Kanpur.
(3.) And permit him to make following amendment in his written statement between paragraph No. 24 and 25: 24-A. That during the pendency of the present case the applicant/landlord has constructed IInd and IIIrd floor in the aforesaid disputed premises and he has let them out to the tenants Bal Krishna Gupta and Smt. Uma Jaiswal at monthly rent of Rs. 10,000/- for each floor. Thus the rental income of the applicant/landlord enhanced by Rs. 20,000/- per month. 24-B. That the applicant/landlord has also started business of shares in the share market in Kanpur Nagar and is earning a lot from his said new business. 24-C. That as such the alleged need of the applicant/landlord has been fully satisfied. He has no need of the disputed shop to augment his own income.;