9911796707
TMI Blog1998 (8) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... oner is undisputedly tenant in the disputed accommodation for the last many years and has been using the accommodation in question as its godown. The landlord in the release application based his claim on the ground that as he was in service and posted at Mokamah, his wife and children were residing in his ancestral house at Gorakhpur and because of family partition, they required the disputed accommodation for their residential purpose. The claim of the landlord was contested by the petitioner on a number of grounds, one of them being that the accommodation in question is not at all suited for residential purpose, being in the shape of a Unshed godown only. The Prescribed Authority rejected the landlord's application for release accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration the affidavits filed on behalf of the tenant petitioner in support of its defence solely on the ground that the said affidavits were inadmissible as they were sworn before Notary and not before the Oath Commissioner. According to the submission made by Sri Verma, counsel for the petitioner, the non-consideration of the said affidavits has resulted in great miscarriage of justice and the petitioner has been greatly prejudiced and for this reason alone the finding of fact recorded by the appellate authority is vitiated in law as the said finding has been arrived at on consideration of evidence of one side only. In support of his submission, reliance has been placed on the decision in the case of Kashi Nath Srivastava v. Mrs. G. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in relation to exercise of statutory powers by public authorities and is more rigidly enforced in cases where power is of drastic nature but even in regard to exercise of public powers, the rule is not of universal application. No rule of public policy can be imagined for exclusion of affidavits sworn before the Notary from proceedings under the Act. The provision contained in Section 34 (6) of the Act being procedural in nature has to be interpreted in such a way so as to advance justice and facilitate to meet its end and Court should not take a very strict, technical and narrow view. What was required to be seen in such matters was whether there has been substantial compliance of the provisions or not. In view of the aforesaid decision an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The maxim Jus Summun Saepa Summa Est Malitia suggests that taw strictly enforced sometimes becomes the severest injustice. 7. For the reasons stated above, the impugned judgment of the appellate authority cannot be sustained. 8. The writ petition is allowed. The judgment of the appellate authority dated 7.8.89 is quashed and the case is sent back to the appellate authority to decide the appeal afresh in accordance with law and in the light of the observations made above. Since the matter has been pending since 1985, the appellate authority shall make every endeavour to decide the appeal expeditiously preferably within two months from the date a certified copy of this order is produced. In the circumstances of the case the parties sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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