Dismissed

Aneesh v. Smt. Seema Noor

Allahabad HC18 Apr 2018A227/2554/2018

Case brief

AI extract

What is this about?

A writ petition under Article 227 challenging an eviction order was dismissed for lack of infirmity. The High Court granted the tenant three months to vacate upon paying rent and depositing an undertaking, noting the delay in seeking alternative accommodation.

What did the court decide?

Petitioner granted three months to vacate the premises upon payment of Rs.300 per month rent and depositing affidavit undertaking to vacate.

Aneesh Vs Smt. Seema Noor — Landlord and Tenant | Allahabad HC (2018)

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Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 2554 of 2018

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Petitioner :- Aneesh Respondent :- Smt. Seema Noor Counsel for Petitioner :- Anil Kumar Pathak Counsel for Respondent :- Manish Tandon

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Hon'ble Mrs. Sangeeta Chandra,J.

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(Oral)

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I have heard learned counsel for petitioner, Mr. Anil Kumar Pathak and learned counsel for respondent, Mr. Manish Tandon.

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From a perusal of the order impugned dated 27.10.2014 passed by the Prescribed Authority/Additional Civil Judge (Senior Division), Court No. 3, Kanpur Nagar in Rent Case No. 39 of 2012: Smt. Seema Noor Versus Sri Mehdi Hassan) and order dated 08.02.2018 passed by Additional District Judge, Court No. 11, Kanpur Nagar in Rent Appeal No. 139 of 2014 (Mehdi Hassan Vs. Smt. Seema Noor), this Court finds that plaintiffrespondent had moved the Prescribed Authority for release of the premises in question on the ground of bonafide need. It was pleaded by the landlady that she had earlier been married to one Mumtaj Ahmad who divorced her and since then she was residing with her parents. The parents were living in a rented House No. 132/461, Babupurwa, Kanpur Nagar. The parents had only two room, one verandah, lavatory and bathroom with them and they were already eight members in the family and therefore, she was forced to put a tarpaulin shed in verandah and live with her small children in the temporary arrangement so made. She was facing great difficulty and she needed the house occupied by the petitioner badly.

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Looking into her dire need for accommodation the learned Courts below compared the same with comparative hardship of tenant-petitioner and found that the tenant should be moved out of the House No. 132/459, Babupurwa, Kanpur Nagar.

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I do not find any factual or legal infirmity in the orders impugned. Therefore, this petition is liable to be dismissed.

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However, at this stage, learned counsel for the petitioner has prayed for some reasonable time for the petitioner to look for an alternative accommodation and vacate the premises in dispute.

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The release application was filed by the landlady in 2012 and since 2012 till 2018 for the past six years the petitioner has been enjoying the property in question without making any effort at all to find out an alternative accommodation. Accordingly, only three months' time is given to the petitioner to vacate the premises in question on the condition that the petitioner shall give an undertaking on affidavit before the learned Court below to vacate the house in question within three months from today and during this interregnum period he shall pay a rent of Rs.300/- per month to the landlady.

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With the aforesaid observations, the writ petition is dismissed.

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Order Date :- 18.4.2018 LBY

Aneesh v. Smt. Seema Noor

Case brief

What is this about?

What did the court decide?

Aneesh v. Smt. Seema Noor

Case brief

What is this about?

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