Rajesh Dayal Khare, J. - (1.) Heard learned counsel for the petitioners.
(2.) Present writ petition has been filed seeking a writ of certiorari quashing the order dated 25.2.2015 and 09.10.2014 passed by II-Additional Judge, Small Causes Court, Kanpur Nagar in Rent Case No. 2 of 2013 and to allow the application of the petitioner-tenant for local inspection of House No. 32/101A(1) Maniram Bagiya Kanpur Nagar and 32/54 Ghumani Bazar, Kanpur Nagar.
(3.) It is contended by learned counsel for the petitioners that the petitioner is tenant of ground floor of House No. 32/101A(1) Maniram Bagiya Kanpur Nagar of which the respondents are the landlords, which is being used by the petitioner for residential purposes. It is next contended that the respondents filed a release application under Section 21(1)(a) of U.P. Act No. XIII of 1972 before the Prescribed Authority/Judge Small Causes Court, Kanpur Nagar being Rent Case No. 2 of 2013 on that ground of personal need on the ground that they have a big family and the accommodation in their possession is not sufficient to fulfill their requirements. Learned counsel for the petitioner contends that the petitioner filed his objections denying the fact made by the landlord and specifically stated that the landlord have sufficient accommodation to meet their needs. It is next contended that to authenticate the averments made by the petitioners to show that the landlords have sufficient accommodation in his possession, they filed application under Section 34 of U.P. Act No. XIII of 1972 for local inspection of the house in question, to which the respondents did not file any objections. However, in spite of the fact that local inspection of the house in question was absolutely necessary to bring on record the correct facts, said application was rejected. It is next contended that the respondents in the release application had also mentioned that the petitioners have another accommodation being House No. 32/54 Ghumani Bazar Kanpur Nagar, in which the petitioners are doing their business, which factum was denied by the petitioners and therefore, another application was moved by the petitioners for appointment of an Advocate Commissioner for local inspection of House No. 32/54 Ghumani Bazar Kanpur Nagar, to which respondents filed objections, which application was also rejected by the Prescribed Authority, Kanpur Nagar vide order dated 25.2.2015. The orders dated 09.10.2014 and 25.2.2015 are impugned in the present writ petition.;