Dismissed¶11

Shiv Shankar Sharma @ Shiv Shankar v. Rent Authority / Court of Addl. District Magistrate City(East), Lucknow and Another

Allahabad HC6 Sept 2024/7529/2024

Case brief

AI extract

What is this about?

Tenant eviction; U.P. Regulation of Urban Premises Tenancy Act, 2021 S. 22(1); Rent Authority/ ADM City (East) Lucknow order dated 19.08.2023 in Case No. 5682 of 2021 upheld in rent appeal; contractual tenancy of 11 months expired by efflux of time on 03.10.2021 before eviction application filed 17.12.2021; Article 226 writ petition dismissed; Allahabad High Court Lucknow Bench; WRIT - A No. 7529 of 2024; 2024:AHC-LKO:61613; Subhash Vidyarthi, J.; decided 6.9.2024.

What did the court decide?

The petitioner's contractual tenancy had expired by efflux of time before the eviction application was filed, and the opposite party sought eviction thereafter. ¶9

Shiv Shankar Sharma @ Shiv Shankar Vs Rent… — Writ and Judicial Review | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:61613

¶2

Court No. - 19

¶3

Case :- WRIT - A No. - 7529 of 2024

¶4

Petitioner :- Shiv Shankar Sharma @ Shiv Shankar Respondent :- Rent Authority / Court Of Addl. District Magistrate City(East), Lucknow And Another Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Sri Ashok Kumar Singh, the learned counsel for the petitioner and Smt. Priyanka Singh, the learned counsel for the opposite party no. 2-caveator.

¶7

By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of an order dated 19.08.2023 passed by the Rent Authority/ Additional District Magistrate, City (East), Lucknow in Case No. 5682 of 2021, under Section 22(1) of U.P. Regulation of Urban Premises Tenancy Act, 2021, whereby the application filed by the opposite party no. 2 has been allowed and the petitioner has been directed to vacate the shop in his tenancy and handover its vacant possession to the opposite party no. 2 within 30 days. The petitioner has also challenged validity of judgment and order dated 31.07.2024 passed by the Additional District & Sessions Judge/ Special Judge, Special Court No. 4, Lucknow in Misc. Civil Appeal (Rent Appeal) No. 43 of 2024, whereby the appeal filed against the aforesaid order dated 19.08.2023 passed by the Rent Tribunal has been dismissed and the order passed by the Rent Tribunal has been affirmed.

¶8

The petitioner had entered into an agreement dated 04.12.2020 whereby he had taken on rent a shop of the opposite party no. 2 situated in her house No. E-4678, Sector 11,

¶9

Rajajipuram, Lucknow, for a period of 11 months starting from 04.11.2020. Apparently, the term of the petitioner's tenancy expired on 03.10.2021. The application for eviction of the petitioner has been filed on 17.12.2021. Therefore, it appears that the petitioner's contractual tenancy had expired by efflux of time and the opposite party has sought the petitioner's eviction thereafter.

¶10

There is no illegality in the order passed for eviction of the petitioner after efflux of period of his tenancy.

¶11

The petition lacks merit and the same is accordingly dismissed .

¶12

Order Date :- 6.9.2024 Pradeep/-

¶13

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shiv Shankar Sharma @ Shiv Shankar v. Rent Authority / Court of Addl. District Magistrate City(East), Lucknow and Another

Case brief

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Shiv Shankar Sharma @ Shiv Shankar v. Rent Authority / Court of Addl. District Magistrate City(East), Lucknow and Another

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