Dismissed

Ram Manorath v. Smt. Angoori Devi

Allahabad HC5 Nov 2019WRIA/17240/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking to quash a release order and appellate judgment dismissing an appeal in a rent case. The landlord had established her bonafide need for the premises, and no manifest error of law was found in the lower courts' judgments.

What did the court decide?

The writ petition under Article 226 seeking to quash the release order and appellate judgment is dismissed.

Ram Manorath Vs Smt. Angoori Devi — Landlord and Tenant | Allahabad HC (2019)

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Court No. - 05

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Case :- WRIT - A No. - 17240 of 2019

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Petitioner :- Ram Manorath Respondent :- Smt. Angoori Devi Counsel for Petitioner :- Siya Ram Verma Counsel for Respondent :- Dheeraj Kumar Dwivedi

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Hon'ble Surya Prakash Kesarwani,J.

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Heard learned counsel for the tenant-petitioner and learned counsel for the plaintiff-respondent.

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This petition under Article 226 of the Constitution of India has been filed praying to quash the release order dated 21.08.2018 in Rent Case No.140 of 2015 (Smt. Angoori Devi vs. Indra Pal Maurya and another) passed by the Prescribed Authority/ Additional Civil Judge (Senior Division), Court No.2, Kanpur Nagar and the appellate order dated 27.07.2019 in Rent Appeal No.52 of 2018 (Ram Manorath vs. Smt. Angoori Devi) passed by the Additional District and Session Judge/ F.T.C., Court No.52, Kanpur Nagar dismissing the appeal.

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Undisputedly, the plaintiff-respondent is the owner and landlady of the disputed house. She is an old lady. Her family consists of six members. Her son Rampatanjal is unemployed. Her one daughter-in-law is widow. The size of the house is 23' x 40'. It is a very old house made by bricks and mud, and it is in a dilapidated condition. She is residing on the first floor in a room-cum-kitchen measuring 6' x 5'. In a ground floor portion of the aforesaid house, the defendant-petitioner is a tenant. She gave notice dated 17.01.2014 to the tenant-petitioner to vacate the disputed house for reason of her bonafide need. Since the notice was not complied with, therefore, the plaintiff-landlady/ respondent filed Rent Case No.140 of 2015 (Smt. Angoori Devi vs. Indra Pal Maurya and another) which was decreed by judgment and decree dated 21.08.2018 passed by the Prescribed Authority/ Additional Civil Judge (Senior Division), Court No.2, Kanpur Nagar. Against that judgment, the tenant-petitioner filed a Rent Appeal No.52 of

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2018 (Ram Manorath vs. Smt. Angoori Devi), which has been dismissed by the impugned judgment dated 27.07.2019 passed by the Additional District and Session Judge/ F.T.C. Court No.52, Kanpur Nagar. Aggrieved with these two judgments, the petitioner has filed the present petition.

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It is undisputed that the plaintiff-respondent is the owner and landlady of the disputed house in which the petitioner is a tenant. The plaintifflandlady has established her bonafide need for the disputed accommodation. Both the courts below have recorded concurrent findings of fact based on consideration of relevant evidences on record that the plaintiff-landlady is in bonafide need of the disputed accommodation. No perversity could be pointed out by learned counsel for the petitioner in the findings of fact recorded by both the courts below. Under the circumstances, these findings of fact cannot be interfered with in writ jurisdiction under Article 226 of the Constitution of India.

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That apart, I have perused both the impugned judgments and I do not find any manifest error of law in it.

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For all the reasons afore-stated, I do not find any merit in this petition. Consequently, the petition fails and is herby dismissed .

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Order Date :- 05.11.2019 NLY

Ram Manorath v. Smt. Angoori Devi

Case brief

What is this about?

What did the court decide?

Ram Manorath v. Smt. Angoori Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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