Disposed

Smt. Shahida Jamal v. Matiur Raza Begh and 4 Others

Allahabad HC10 May 2018A227/3313/2018

Case brief

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What is this about?

Petitioner-landlord filed a writ under Article 227 seeking direction to the Appellate Court to decide a pending Rent Control Appeal regarding eviction within six months due to the respondent-tenant's delaying tactics causing prolonged inaction.

What did the court decide?

Direction to the Appellate Court to decide Rent Control Appeal No. 76 of 2015 within six months without unnecessary adjournments.

Smt. Shahida Jamal Vs Matiur Raza Begh and 4 Others — Landlord and Tenant | Allahabad HC (2018)

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Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 3313 of 2018

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Petitioner :- Smt. Shahida Jamal Respondent :- Matiur Raza Begh And 4 Others Counsel for Petitioner :- V.K. Agnihotri

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Hon'ble Mrs. Sangeeta Chandra,J.

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(Oral).

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This petition under Article 227 of Constitution has been filed praying for a direction to be issued to the Appellate Court namely Special Judge (SC/ST Act), Kanpur Nagar to decide the Rent Control Appeal No. 76 of 2015 (Matiur Raza Begh and others Vs. Smt. Shahida Jamal) within a stipulated time period.

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Learned counsel for petitioner-landlord submits that an application for release of the premises in question has been filed by the landlord under Section 21(1) (a) of the U.P. Act No. 13 of 1972, which was registered as Rent Case No. 10 of 2006. The Prescribed Authority after consideration of the matter on merit allowed the said application on 07.09.2015. The respondent-tenant thereafter filed aforesaid Rent Control Appeal No. 76 of 2015 on 05.10.2015 and by an order dated 26.10.2015 the appeal was admitted and an interim order dated 11.04.2016 was passed staying the operation of the order of release. The matter was transferred to the court of Additional District Judge, Court No. 7, Kanpur Nagar by an order dated 05.11.2015 and thereafter, several dates were fixed by the learned Appellate Court but the Appeal could not be decided due to delaying tactics adopted by the respondent - tenant. Since the respondent-tenant's eviction has been stayed by order dated 11.04.2016, the respondent-tenant has been delaying the hearing of the matter on one ground or the other.

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Accordingly, this petition is disposed off with a direction to the learned Appellate Court to decide the Rent Control Appeal No. 76 of 2015 (Matiur Raza Begh and others Vs. Smt. Shahida Jamal) as expeditiously as possible say within a period of six months from the date of production of a certified copy of this order before him without giving unnecessary adjournments to either side.

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Order Date :- 10.5.2018 LBY

Smt. Shahida Jamal v. Matiur Raza Begh and 4 Others

Case brief

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Smt. Shahida Jamal v. Matiur Raza Begh and 4 Others

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