Surya Prakash Kesarwani, J. - (1.) Heard Sri Dharmpal Singh, learned Senior Advocate, assisted by Sri Anshu Chaudhary, learned counsel for the defendant-tenant/petitioner.
(2.) This petition has been filed praying for the following relief: "(i) To call for records of the court below and set aside the impugned orders dated 31.01.2018 passed by Special Judge (Essential Commodities Act) in P.A. Appeal No.4 of 2017 (Subodh Vs. Dilawar Ali and others) and order dated 16.08.2017 passed by the Prescribed Authority/Additional Chief Judicial Magistrate, Court No.2 Eawah in P.A. Case No.08 of 2013 (Dilawar Ali and others Vs. Narendra and another) (ii) to issue a order or direction to the respondents nos. 3 to 5 not to interfere in the peace full possession of the shop in dispute situate in Mohalla Ramganj, Tahsil and District Etawah."
(3.) Learned counsel for the defendant-tenant/petitioner submits that the plaintiff-landlords/respondents have a shop at Maksudpura in which the plaintiff-respondent nos. 4 and 5 are running a hair cutting Saloon. At the stage of the appeal certain photographs were filed in additional evidence alongwith an application but the application was rejected by the appellate court vide order dated 16.1.2018. The rejection of the application for additional evidence was wholly arbitrary and illegal. If those evidences would have been taken into consideration then the bonafide need as set up by the plaintiff-landlords, could not have been accepted. He, therefore, submits that both the impugned judgments are erroneous and, therefore, deserve to be set aside.;