- (1.) Heard Mr. U.S. Sahai, learned counsel for petitioner as well as Mr. Nipendra Mishra, learned counsel holding brief of Mr. Manish Kumar, learned counsel for opposite party no. 1 and Mr. Sandeep Srivastava, learned counsel for opposite party no. 2.
(2.) The writ petition has been filed challenging the order dated 13.1.2011 passed in Misc. Civil Appeal No. 60 of 2007 (Kailash Chandra Vs. Smt. Mohini Devi) whereby the application moved under Order XLI Rule 27 Code of Civil Procedure (for short 'the Code') for producing additional evidence has been rejected by the appellate Court.
(3.) The brief facts of the case are as under: The petitioner claims himself to be lawful tenant of Shop No. 615/A-2, Thompsonganj Bazar, District Sitapur on the basis of inheritance from his father, late Ram Prasad who along with one Natthu Lal had taken the said shop on rent from land lady Smt. Nirmala Devi. After the death of Ram Prasad sometime in the year 1988 petitioner became joint tenant with Natthu Lal. The rent of shop was initially Rs. 8/- per month which was increased to Rs. 12/- subsequently. Natthu Lal died sometime in the year 1989-90, the shop was purchased by opposite party no. 2, the petitioner continued to be tenant of the shop. The rent of shop was increased to Rs. 50/- per month + Rs. 5/- for water tax which the petitioner said to have paid to opposite party no. 2 up to 31.1.1994. The petitioner filed a Case under Section 30 of U.P. Act No. 13 of 1972 which was allowed. Against the said order the opposite party no. 2 had filed a revision which was dismissed. The petitioner had been depositing the rent in the Court below since then and there is no default on the part of the petitioner.;