- (1.) Heard Sri Ashish Kumar Srivastava, learned Counsel for the petitioners. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 7.8.2014 and order dated 29.10.2014 passed on application Nos. 21C and 24C respectively filed in Narayan Das Shah and another v. Gulabchand Seth and others, Rent Appeal No. 4 of 2014, by which the aforesaid applications have been rejected by the learned Additional District Judge, Court No. 5, Varanasi. The facts given rise to this case are that the respondents herein have filed an application under section 21(1)(a) of U.P. Act No. 13 of 1972 seeking release of the accommodation in dispute on the ground that the respondents (applicants) had only house in which he can establish himself. To this application, an objection was filed stating therein that the wrong statement has been made in the release application as the landlord has another House No. C-8/75, Mohalla Chet Gunj, Varanasi and the averments made in paragraph No. 12 of the release application are false. The factum of the existence of another house has been admitted in the rejoinder affidavit filed by the respondents before the Prescribed Authority later on.
(2.) The petitioners herein have filed an application requiring the landlord to produce the copy of the sale-deed, title deed, house tax, bills and title deed of the house in dispute. This application was rejected by the learned Prescribed Authority on 28.10.2013 on the ground that there is no dispute of title in between the parties as the respondents-applicants have filed the application seeking release of the accommodation treating the petitioners to be the tenant. Shortly thereafter, the release application was allowed on 11.12.2013.
(3.) Aggrieved by the aforesaid order, the petitioners filed Narayan Das Shah and another v. Gulabchand Seth and/others, Rent Appeal No. 4 of 2014. In the appeal, the petitioners filed an application requiring the permission of the Court to file additional evidence. Through this application, the petitioners have brought on record sale-deed of House No. C-8/75, Mohalla Chet Ganj, Varanasi, one publication made by the petitioners in the newspapers for searching alternative accommodation and an application under section 5 of the Right to Information Act, 2008 given to the Varanasi Development Authority for obtaining information as to whether any map has been sanctioned for reconstruction of House No. C-8/75, Mohalla Chet Ganj, Varanasi. This application has been rejected by the Appellate Court on the ground that so far as the existence of another house is concerned, that is already available in the pleading of the parties.;