Allowed

Rajkumar v. Krishna Murari Mishra and Another

Allahabad HC17 Nov 2021A227/6426/2021

Case brief

AI extract

What is this about?

Writ petition filed against an order in a tenancy appeal where the landlord sought release from liability. The high court allowed the petition, set aside the lower court order, and directed expedited disposal of the execution case while stayed any eviction pending the appeal.

What did the court decide?

Impugned order set aside; eviction stayed pending appeal; lower court directed to decide execution case within one month.

Rajkumar Vs Krishna Murari Mishra and Another — Landlord and Tenant | Allahabad HC (2021)

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Court No. - 58

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Case :- MATTERS UNDER ARTICLE 227 No. - 6426 of 2021

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Petitioner :- Rajkumar Respondent :- Krishna Murari Mishra And Another Counsel for Petitioner :- Om Prakash

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Om Prakash, learned counsel for the petitioner.

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By means of this writ petition, the petitioner has prayed for setting aside the impugned order dated 30.10.2021 passed by Additional District Judge, Court No.15, Kanpur Nagar in Misc. Civil Appeal No.105 of 2021. Further prayer has been made for a direction upon the respondents to not dispossess the petitioner from the shop in dispute during the pendency of above mentioned appeal.

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Learned counsel for the petitioner has submitted that respondents-landlord had preferred release application under Section 21 (1) (a) of U.P. Act No.13 of 1972 on 18.09.2013 before Prescribed Authority, which was allowed on 16.03.2020. Feeling aggrieved, the petitioner had preferred an appeal before District Judge, Kanpur Nagar on 12.10.2020, which is still pending. He has further submitted that the appeal is now at the stage of final hearing. He has further submitted that during pendency of appeal, the respondents-landlord had filed Execution Case No.14/23 of 2020 for obtaining Parwana of possession. He has further submitted that in case Parwana is being issued, the petitioner will be dispossessed from the shop in dispute. He has further submitted that the petitioner had filed the appeal within time and the appeal is fixed for final hearing on 17.11.2021 i.e. today, hence, a direction may be issued to the court below to not to evict the petitioner from the shop in question during pendency of appeal.

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In support of his submission, learned counsel for the petitioner has relief upon the judgement of Hon'ble Supreme Court in the case of Mool Chand Yadav and another vs. Raza Buland Sugar Company Limited, Rampur and others, (1982) 3 SCC 484 .

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Perused the record and the order sheet of the court below.

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Considering the facts and circumstances of the case, submissions made and in light of the judgement mentioned above, the writ petition is allowed and the impugned order

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dated 30.10.2021 passed by Additional District Judge, Court No.15, Kanpur Nagar in Misc. Civil Appeal No.105 of 2021 is hereby set aside.

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The court below is directed to decide the Execution Case No.14/23 of 2020 expeditiously, in accordance with law, within a period of one months from the date of presentation of a certified copy of this order by fixing short dates and without granting unnecessary adjournments to either of the parties, if there is no other legal impediment. If the adjournment is sought by either of the parties, the court below shall impose heavy cost upon the parties.

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It is made clear that during pendency of the appeal, the petitioner shall not be evicted from the shop in question.

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Order Date :- 17.11.2021

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Ajeet

Rajkumar v. Krishna Murari Mishra and Another

Case brief

What is this about?

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Rajkumar v. Krishna Murari Mishra and Another

Case brief

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