Heard Sri K.D. Tripathi, learned counsel for the petitioner.
The release application P.A. Case No. 9 of 1998 under Section 21(1) (a) of U.P. Act No.13 of 1972 was allowed by the prescribed authority vide judgment and order dated 17.11.08. Against the said order Rent Control Misc. Appeal No. 179 of 2008 of the petitioner is pending.
In the aforesaid appeal petitioner moved an application for additional evidence but the same has been rejected by the impugned order dated 8.3.2010. The petitioner wanted to bring on record the rent deed dated 5.9.74 and certain receipts on the allegation that the same were not available to him earlier. The lower appellate Court disbelieving the case of the petitioner held that it cannot be accepted that the aforesaid documents were not within the knowledge and reach of the petitioner and the petitioner failed to establish sufficient cause for not bringing the same as part of evidence before the prescribed authority.
Apart from the above, on the basis of the order sheet it has been recorded that 19.12.09 was fixed for the hearing of the appeal on merits but the petitioner on one pretext or the other had been seeking adjournments one after the other and is not allowing the appeal to be decided on merits and the filing of the present application is a step in that direction.
Learned counsel for the appellant has argued that under Order 41 Rule 27 read with Rule 10 (2) of the Rules it is open for the parties to adduce additional evidence in the appellate court. The above proposition is not in dispute but the court below has refused to exercise the discretion after holding that no case for taking on record the additional evidence has been made out inasmuch as it cannot be believed that the petitioner had no knowledge of the aforesaid evidence or that it was not available to him.
In view of the aforesaid facts and circumstances, I am not inclined to exercise by my discretionary jurisdiction in the matter and to interfere with the order impugned. The writ petition lacks merits and is dismissed.
Order Date :- 13.9.2010 piyush