Revision dismissed to maintain eviction order; trial court order modified to allow tenant one year to vacate, deposit arrears, and pay rent at Rs.1,000/month.
Tenant granted one year to vacate; ordered to deposit arrears and pay Rs.1,000 monthly rent until eviction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- S.C.C. REVISION No. - 118 of 2021
Revisionist :- Sri Ram Pratap Tripathi Opposite Party :- Ashok Kumar Counsel for Revisionist :- Alok Kumar Yadav,Jigyasa Singh Counsel for Opposite Party :- Ekta Kaur,Ashish Kumar Singh,Jagriti Singh
Hon'ble Rohit Ranjan Agarwal,J.
2. कययतववयतदतभवनपरयय . पद . एकटननबर - 13 सन 1972 ककपयवधयनलयगयहह ?
3. कययतकरययकदयरदककसमयतपककननतटसपततवयददपरसमयकरपसकतयमदलहह ?
4. कययवयददऔरपततवयददककमधय 7000 /- रपयकपततमयहजहसयतकवयदददयरय कहयगययहहकयपततवयददतकरययकदयरहहययजहसयतकपततवयदददयरयकहयगययहहतक 1000 /- रपयककयतकरययकदयरहह ?
5. कययवयददययतचतअननतनषपयनककयहक़दयरहह ?"
which is in relation to applicability of U.P. Act, No.13 of 1972, the Trial Court arrived at the finding that since accommodation in dispute was constructed in the year 1992, hence provision of U.P. Act No.13 of 1972 is not attracted. While dealing with issue No.3, Trial Court recorded a categorical finding that notice under Section 106 of Transfer of Property Act was served upon the defendanttenant and the said fact has been accepted in his written statement. Issue No.4, which was in regard to rate of rent. The Trial Court arrived at finding that the rate of rent was Rs.1,000/- and not Rs.7,000/- per month.
to the tenant-revisionist to vacate the premises.
Order Date :- 7.12.2021 Kushal
3 issues framed by the court
Whether the revisionist is entitled to ejectment from the premises with immediate effect.
Whether the rate of rent claimed in the suit was correct.
Whether any modification is required in the order passed by the Trial Court regarding arrears and time for vacating.
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
