A party cannot challenge a court order on a ground that was not taken and relied upon before the court below.

A.K. Yogi, J.

Petitioner, Ayodhya Nath is said to be the tenant of a shop bearing. No. VI/105, Chowk Bazar. Respondent No. 2 is the landlord/owner of the said accommodation (for short called the shop in question).

2. LANDLORD (Respondent No. 2) filed an application under Section 21 (l) (a), U. P. urban Buildings (Regulation of Let ting. Rent and Eviction) Act, 1972 (U.P. Act XIII of 1972) (for short called Act') copy of the release application has been filed as Annexure 1 to the petition.

The petitioner contested the claim of the landlord by filing written statement (Annexure 2 to the petition). Parties led evidence by filing affidavits in support of their respective cases. Thereafter the Delegated Authority/rent Control and Eviction Officer by means of the judgment dated 30-5-1996 (Annexure 9) rejected the release application.

3. FEELING aggrieved landlord (Respondent No: 2) filed appeal under Section 22 of the Act and the same has been allowed by the District Judge, Al-mora respondent No. 1 vide judgment and order dated June 24, 1999 (Annexure 13).

4. THE tenant has come up before this Court by filing this petition under Article 226, Constitution of India and seeks issuance of a writ of certiorari to quash the impugned judgment and order dated June 24, 1994. (Annexure 13) passed by Respondent No. 1. Heard learned Counsel for the petitioner as well as the learned Counsel appearing for the contesting respondent No. 2.

While the matter was being heard, a supplementary affidavit sworn by Gulshan Kumar, son of the petitioner has been filed.

5. THE learned Counsel for the petitioner has urged that three accommodations mentioned in the said supplementary affidavit have not been taken into account by the lower Appellate Court while the said Court passed the impugned orderdated24-6-1999 (Annexure 13).

6. THE learned Counsel for the petitioner has also filed an application for adding ground in the memo of writ petition.

The submissions made by learned Counsel for the petitioner are being dealt with herein under,

7. REGARDING ground pertaining to 'nandan Fruif Housing, in respect of which ground No. 2 in the application for additional ground has been mentioned, it may be stated that a plea has been taken in para 12 of written statement (Annexure 2 to the petition with reference to the said accommodation and also in para 3 in the affidavit of Ayodhya Nath filed in support of the tenant (Annexure 3 to the petition).

8. PERUSAL of the impugned judgment passed by the Appellate Court. (Annexure 13) shows that parties had filed additional evidence in the Appellate Court and reference was made only to certain accommodations pointed out by the tenant. The said judgment does not indicate that tenant sought reliefs on the aforesaid plea in the written statement and the affidavits referred to above before the Appellate Court. There is no averment in present writ petition to the effect that the tenant had referred to and placed reliance on the aforesaid plea. The learned Counsel for the petitioner referred to certain portion in the made judgment (contained in para 3) to show that the tenant had referred to the said accommodation before the Appellate Court and had pressed the said plea.

Reading of the judgment shows that para 3 refers only to the pleadings of the tenant. It does not, in fact, refer to the argument actually made before the appellate Court. In view of the above, petitioner cannot be permitted to challenge the order of Appellate Court on a ground which was not taken and relied upon before the Court below.

9. AS far at the question pertaining to ground one, I sought to be added by 'amendment, is concerned it refers to Neerja Bhawan. Learned Counsel for the petitioner places reliance on the statement made in Supplementary affidavit stating that same plea was urged and pressed before the appellate authority. Supplementary Affidavit has been filed when Court had already pointed out this lapse during pre-lunch hearing and hence it