N.L. Ganguly, J.

1. THIS writ petition arise out of an order dated 15-5-93 passed by the XII Addl. District Judge, Kanpur Nagar in Rent Appeal No. 22 of 1992 rejecting the application moved by the tenant before the appellate court for rejecting all the evidence adduced by the landlord in proceedings under Section 21 (1) (a) of U. P. Act no. 13 of 1972. The ground for requesting to reject all evidence adduced by the landlord on affidavit, was that the evidence by affidavit is not covered by the definition of the word "evidence" as defined in the Evidence Act.

2. AN application under Section 21 (1) (a) of U. P. Act No. 13 of 1972, hereinafter- referred as the Act, was filed by the landlord Laxmi Narain Gupta seeking a relief of release of a commercial accommodation namely premises no. 43/234 Meston Road, Kanpur Nagar. A copy of the application for release has been annexed with the writ petition as Annexure 2 which shows that the landlord opposite party had prayed for release of the shop room for engaging the landlord Narain Prasad Gupta himself and settling his sons namely Nand Kishore and Brij Kishore so that they may jointly do some business in the shop room in question.