- (1.) S. P. Mehrotra, J. The present writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, inter-alia, praying for quashing the order dated 5- 11-2003 (Annexure 5 to the writ petition) passed by the learned IXth Additional District Judge, Kanpur Nagar (Appellate Authority) on an application (Paper No. 13 Ga) filed in Rent Appeal No. 51 of 2001.
(2.) THE dispute relates to all accommodation on the first floor of House No. 107/99, Jawahar Nagar, Sisamau, Kanpur Nagar, the details whereof are given in the judgment and order dated 11-5- 2001 (Annexure 1 to the writ petition) passed by the Prescribed Authority, which is referred to hereinafter. THE said accommodation has, hereinafter, been referred to as "the disputed accommodation". From a perusal of the averments made in the writ petition and the annexures thereto, it appears that the respondent Nos. 2 and 3 filed a release application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 (in short "the Act") against the petitioner for release of the disputed accommodation. It further appears that by the judgment and order dated 11- 5. 2001 passed by the learned Judge, Small Cause Court/prescribed Authority, Kanpur Nagar, the said release application was rejected. Copy of the said judgment and order dated 11-5-2001 has been filed as Annexure 1 to the writ petition.
(3.) THEREUPON, the respondent Nos. 2 and 3 filed an appeal under Section 22 of the Act, which was registered as Rent Appeal No. 51 of 2001. During the pendency of the said Rent Appeal No. 51 of 2001, an application dated 16-10-2003 (Paper No. 13 Ga) was filed on behalf of the petitioner, inter-alia, praying for appointment of an Advocate Commissioner to make spot inspection and submit his report. Copy of the said application dated 16-10- 2003 (Paper No. 13 Ga) has been filed as Annexure 2 to the writ petition.;