Surya Prakash Kesarwani, J. - (1.) Heard Sri Rajesh Kumar Srivastava, learned Counsel for the defendant-tenant/petitioner and Sri D.P. Singh, learned Counsel for the plaintiff-landlord/respondent.
(2.) This writ petition has been filed praying to quash the order dated 21.2.2018 passed by the Additional Civil Judge (S.D.), Court No. 2, Kanpur Nagar, in Rent Case No. 102 of 2016 (Anil Kumar Bhasin v. Radhey Shyam Singh), whereby the application being paper No. 37 filed by the defendant-tenant/petitioner for issue of commission to inspect the accommodation in occupation of the landlord, has been rejected.
(3.) Learned Counsel for the defendant-tenant/petitioner submits that application for issue of commission has been erroneously rejected by the Court below. The impugned order deserves to be quashed in view of law laid down by Hon'ble Supreme Court in the case of Radhey Shyam Rastogi v. Ashish Kumar and another, 2008 73 AllLR 285 (SC) and the judgment of this Court in Kishore Seth v. Prescribed Authority/1st C.J. (jr. D), Kanpur Nagar and another., 2009 75 AllLR 251.;