Disposed

Iqbal Ahmed and 5 Others v. Additional Chief Metropolitan Magistrate/Prescribed Authority Kanpur Nagar and 6 Others

Allahabad HC3 May 2018WRIA/11139/2018

Case brief

AI extract

What is this about?

Petitioners sought a writ of mandamus directing the Additional Chief Metropolitan Magistrate to expeditiously decide a pending Release Application for possession of their property, which has been delayed beyond statutory norms despite completion of landlord's evidence.

What did the court decide?

The learned Trial Court was directed to decide the Release Application within three months from the date the certified copy of this order is produced before it.

Iqbal Ahmed and 5 Others Vs Additional Chief… — Landlord and Tenant | Allahabad HC (2018)

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Court No. - 26 Case :- WRIT - A No. - 11139 of 2018 Petitioner :- Iqbal Ahmed And 5 Others Respondent :- Additional Chief Metropolitan Magistrate/Prescribed Authority Kanpur Nagar And 6 Others Counsel for Petitioner :- Prakhar Tandon

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Hon'ble Mrs. Sangeeta Chandra,J.

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This petition has been filed praying for a mandamus to be issued to the Additional Chief Metropolitan Magistrate, Kanpur Nagar to decide the Rent Case No. 33 of 2014 (Iqbal Ahmed Vs. Smt. Rajia Khatoon & others) expeditiously within the time period stipulated by this Court.

¶4

Learned counsel for the submits that the petitioners are owners and landlord of House No. 88/238, Chamanganj, Kanpur Nagar. The tenant / respondents have been continued in the house in question for a long time and now the landlord needs the said house to accommodate his large family. Moreover, the wife of the petitioner is ailing with acute problem of gaping in her spinal cord for the past six years and she has been advised not to negotiate the stairs and the petitioner bonafide requires the ground floor of the aforesaid disputed premises.

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An application under Section 21(1)(a) of the Act was moved which has been pending for the past four years. Under Rule 15(3) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction), 1972 an application filed for Release Application on the grounds of bonafide need should normally be decided within two months of its filing. In this case, however the Release Application has remained pending only because of adjournments being sought by the tenant / respondents. Pleadings have been completed. The evidence of the landlord has been recorded also. Now the application is at the stage of production of defendant / tenants evidence.

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On perusal of the order sheet, it appears that the matter is being unnecessarily delayed on one ground or the other.

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Accordingly, this petition is disposed of with a direction to the learned Trial Court to decide the Release Application within a period of three months from the date a certified copy of this order is produced before it.

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Order Date :- 3.5.2018 Arif

Iqbal Ahmed and 5 Others v. Additional Chief Metropolitan Magistrate/Prescribed Authority Kanpur Nagar and 6 Others

Case brief

What is this about?

What did the court decide?

Iqbal Ahmed and 5 Others v. Additional Chief Metropolitan Magistrate/Prescribed Authority Kanpur Nagar and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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