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1985 Supreme(P&H) 428

J.V.GUPTA
Ravi Chand Mangla – Appellant
Versus
Lakshmi Narain – Respondent


Judgment

J.V.Gupta, J.

1. This is landlords petition whose application for additional evidence filed before the appellate authority has been dismissed.

2. The landlord sought the ejectment of his tenant inter alia on the ground that the tenant has ceased to occupy the shop in dispute for the continuous period of more than 6 years. However, the Rent Controller dismissed the ejectment application. In appeal filed by the landlord, an application was made to allow him to lead additional evidence, to prove that there was an electric connection in the shop but the meter was not giving any consumption since January, 1981 and since the premises were found locked, the connection was disconnected on 9.4.1981 and was not got restored, subsequently. The learned appellate authority dismissed the said application on the ground that the conditions of clauses (b) and (c) of Order 41 Rule 27, Civil Procedure Code, are not fulfilled.

3. After hearing the learned counsel for the parties I am of the considered view that the application was not to be considered under Order 41 Rule 27 of the Code of Civil Procedure. Section 15, sub-section (4) of the Haryana Urban (Control of Rent and Eviction) Act, 1973

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