Allowed

Satish Chandra Gupta v. Smt. Asha Gupta and 3 Others

Allahabad HC11 Nov 2021A227/6249/2021

Case brief

AI extract

What is this about?

The High Court in writ jurisdiction set aside the impugned order of the Additional District Judge which rejected the petitioner’s application without reason. The petition was allowed, the order quashed, and the matter remanded to decide the rent appeal expeditiously.

What did the court decide?

Impugned order set aside; application allowed; matter remanded to decide Rent Appeal No.12 of 2019 expeditiously.

Satish Chandra Gupta Vs Smt. Asha Gupta and 3 Others — Landlord and Tenant | Allahabad HC (2021)

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Court No. - 58

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Case :- MATTERS UNDER ARTICLE 227 No. - 6249 of 2021

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Petitioner :- Satish Chandra Gupta Respondent :- Smt. Asha Gupta And 3 Others Counsel for Petitioner :- Manish Tandon

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Manish Tandon, learned counsel for the petitioner.

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The instant writ petition has been filed by the petitioner, interalia, praying for setting aside the impugned order dated 20.09.2021 passed by Additional District Judge, Court No.26, Kanpur Nagar in Rent Appeal No.12 of 2019 (Satish Chandra Gupta vs. Suraj Prasad Gupta and others).

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The facts in brief are that the petitioner is the tenant of respondents-landlords and landlords had filed release application under Section 21 (1) (a) of U.P. Act No.13 of 1972, which was allowed on 15.02.2019. Being aggrieved, the tenantpetitioner had filed Rent Appeal No.12 of 2019 before District Judge, Kanpur Nagar. During pendency of the appeal, the petitioner-tenant had filed an application (paper no.31-ga2) with the prayer to the landlord to furnish certain information as mentioned in paragraph 13 of the writ petition. The said application had been objected by respondents-landlords and the same was rejected vide order dated 20.09.2021 passed by court below, hence, this writ petition.

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Learned counsel for the petitioner has submitted that the court below without applying its judicial mind as well as without assigning any reason, rejected the application filed by the petitioner. Before the court below, the petitioner has filed an affidavit alongwith evidence stating therein that Govind Gupta is doing job but the said document was not considered by the court below. In support of his submission, he has relied upon judgment of this Court in the case of Narayan Mehrotra vs. Additional District Judge-15 and another, 2018 (2) ARC 853 (paragraphs 13 and 14).

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I have considered the submissions advanced by learned counsel for the petitioner.

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Considering the facts and circumstances of the case as well as submissions made as also in view of judgement as mentioned above, the instant writ petition is allowed and the impugned order dated 20.09.2021 passed by Additional District Judge,

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Court No.26, Kanpur Nagar in Rent Appeal No.12 of 2019 (Satish Chandra Gupta vs. Suraj Prasad Gupta and others) is hereby set aside. The application (paper No.31-ga2) filed by petitioner is hereby allowed.

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The matter is remanded back to the court below to decide Rent Appeal No.12 of 2019 expeditiously, within a period of one month from the date of presentation of a certified copy of this order, if there is no other legal impediment. It is made clear that no unnecessary adjournment shall be granted by the court below and if the adjournment is sought by either of the parties, the court below shall impose heavy cost upon the parties.

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Order Date :- 11.11.2021

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Ajeet

Satish Chandra Gupta v. Smt. Asha Gupta and 3 Others

Case brief

What is this about?

What did the court decide?

Satish Chandra Gupta v. Smt. Asha Gupta and 3 Others

Case brief

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What did the court decide?

What the court decided

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