SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Kaushal Kishor, learned counsel for the petitioner.
(2.) This petition under Article 227 of the Contitution of India has been filed praying to set aside the impugned order dated 23.1.2016 in Rent Case No.5 of 2013 (Umesh Chandra Dixit and others v. Ratan Kumar) passed by the Additional Small Cause Court-I, Kanpur Nagar, whereby the application of the petitioner-defendant/tenant for appointment of Commissioner/Amin was rejected. The petitioner has also prayed to set aside the order dated 24.10.2016 passed by the Additional District Judge (Court No.6), Kanpur Nagar in Civil Revision No.38 of 2016 (Ratan Kumar v. Umesh Chandra Dixit and others), whereby the revision of the petitioner-defendant challenging the order dated 23.1.2016 has been dismissed.
(3.) Briefly stated the facts of the present case, are that the respondent-plaintiff are the owner and the landlord of House No.8/34, Arya Nagar, Kanpur, which was purchased by registered sale deed dated 7.5.2002. The petitioner-defendant is a tenant in one shop situate in a portion of the aforesaid house. The plaintiff-respondents filed a Rent Case No. 5 of 2013, under Section 21(1)(a) of U.P. Act No. 13 of 1972 for release of the shop on the ground of bona fide need.;