SURYA PRAKASH KESARWANI,J. - (1.) Heard learned counsel for the petitioner.
(2.) This writ petition has been filed praying to quash the order dated 15.05.2017 in Rent Control Appeal No. 8 of 2016 (Baldev Raj Ahuja v. Smt. Jyoti Singh and others) passed by the District Judge, Moradabad, whereby, the application of the petitioner/appellant/defendant being Paper no. 13-C for deputing Advocate/ Ameen Commissioner was rejected.
(3.) Briefly stated facts of the present case are that the respondents/ plaintiffs are the owners/landlords of the disputed shops situate at Chowk Tadikhana, Tyagi Market, Tehsil and District Moradabad. The petitioner/appellant/defendant's father was the tenant in that sh op and after his death the tenancy was succeeded by the petitioner/ appellant in the year 1997. The respondents/plaintiffs filed Case No. 08 of 2014 under Section 21(1)(A) of the U.P. Act No. 13 of 1972 for eviction of the petitioner/appellant/defendant and possession thereof to them on the ground of personal need. Before the Prescribed Authority the parties have led number of evidences. The Prescribed Authority considered the evidences and found the personal need of the respondents/ plaintiffs and accordingly passed an order dated 28.07.2016 directing the petitioner/appellant/defendant to vacate the shop and hand over the possession to the respondents/ plaintiffs within 60 days. The respondents/plaintiffs were directed to pay as compensation to the petitioner/appellant/defendant rent for two years. Aggrieved with this order, the petitioner/appellant filed Rent Control Appeal No. 8 of 2016 before the learned District Judge, Moradabad. During the pendency of the appeal an application was moved by the petitioner/appellant for appointment of Advocate/Ameen Commissioner for inspection. The said application has been rejected by the learned District Judge, Moradabad. Before the District Judge, Moradabad the petitioner/appellant submitted that the respondents/plaintiffs have 10 vacant shops available with them which may be inspected by the Advocate/Ameen Commissioner. The learned District Judge, Moradabad found that regarding vacant position of the aforesaid alleged shops, pleadings have been made before the trial court and evidences have also been led and after due consideration the trial court passed the order which has been challenged in appeal. He found that the application has been moved merely to delay the conclusion of appeal. He also found that there is no sufficient reason to allow the application.;