Ashok Kumar vs Smt Sharmastha Devi and Another — Writ and Judicial Review | Allahabad HC (2026)

Ashok Kumar vs Smt Sharmastha Devi and Another — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Eight months' time to the petitioner-tenant to vacate and hand over peaceful possession of the premises to the respondent-landlord on or before 18th November, 2026, subject to filing of an undertaking within two weeks, deposit of the entire arrears of rent within four weeks (after adjusting amounts already paid), and monthly deposit of Rs.3,000/- as use and occupation charges by the 7th day of each month; on default of any condition, the protection stands vacated automatically and the respondent-landlord may proceed with execution of the decree.

Issue for consideration

Whether the orders of the courts below (judgment and decree dated 01.02.2024 in Small Causes Case No.140 of 2016 and the revisional order dated 22.01.2026 in Revision No.59 of 2024 affirming the decree) suffer from any material error, illegality or perversity warranting interference by the High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

Court's answer

No material error, illegality or perversity in the orders passed by the courts below having been pointed out so as to warrant interference, the Court declined interference with the impugned orders in exercise of its supervisory jurisdiction under Article 227 and dismissed the petition.

Ratio / Principle

While dismissing the petition, the Court granted eight months' time to the petitioner-tenant to vacate and hand over peaceful possession of the premises to the respondent-landlord on or before 18th November, 2026, subject to conditions: (i) undertaking to be filed before the Judge, Small Causes, Moradabad in Small Causes Case No.140 of 2016 within two weeks; (ii) deposit of the entire arrears of rent in terms of the judgment dated 01.02.2024, after adjusting amounts already paid, within four weeks; (iii) regular monthly deposit of Rs.3,000/- towards use and occupation charges by the 7th day of each month; and in the event of default in any condition, the protection granted stands vacated automatically, leaving the respondent-landlord free to proceed with execution of the decree.

Detailed headnote1 paragraphs

Article 227 — Supervisory jurisdiction — Petition under Article 227 assailing the judgment and decree dated 01.02.2024 of the Judge, Small Causes, Moradabad in Small Causes Case No.140 of 2016 and the order dated 22.01.2026 in Revision No.59 of 2024 affirming the decree — Trial court had decreed the SCC suit on findings that U.P. Act No. 13 of 1972 was not applicable and that a valid notice terminating the tenancy had been duly served — Revisional court found no jurisdictional error — Petitioner's counsel unable to point out any material error, illegality or perversity in the orders of the courts below — Interference declined; petition dismissed — Eight months' time granted to the petitioner-tenant to vacate and hand over peaceful possession on or before 18th November, 2026, subject to: (i) undertaking to be filed within two weeks; (ii) deposit of entire arrears of rent within four weeks; (iii) monthly deposit of Rs.3,000/- towards use and occupation charges by the 7th of each month — On default, protection to stand vacated automatically and landlord free to proceed with execution.

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 3403 of 2026

Ashok Kumar

.....Petitioner(s)

Versus

Smt Sharmastha Devi And Another

.....Respondent(s)

Counsel for Petitioner(s) Counsel for Respondent(s)	: Ashutosh Ganguli, Singh : Kiran Kumar Arora	Kushagra Vaibhav

Court No. - 35

HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

Heard Sri Ashutosh Ganguli, learned counsel for the petitioner and Sri Kiran Kumar Arora, learned counsel appearing for the respondent.

The present petition has been filed, seeking to assail the order dated 01.02.2024 passed by the Judge, Small Causes, Moradabad in Small Causes Case No.140 of 2016, as well as the order dated 22.01.2026 passed in Revision No.59 of 2024, whereby the judgment and decree passed in the SCC suit have been affirmed.

It is submitted that the SCC suit was decreed by the trial court upon recording categorical findings that the provisions of U.P. Act No. 13 of 1972 were not applicable and that a valid notice terminating the tenancy had been duly served upon the tenant.

The revisional court, upon due consideration of the facts of the case and the material available on record, has held that no jurisdictional error was committed by the trial court and, accordingly, affirmed the decree.

Learned counsel for the petitioner has not been able to point out any material error, illegality, or perversity in the orders passed by the courts below so as to warrant interference by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

At this stage, learned counsel for the petitioner seeks indulgence of this Court for grant of eight months’ time to vacate the premises and hand over peaceful possession to the respondent–landlord.

Learned counsel appearing for the respondents, on instructions, states that the

A227 No. 3403 of 2026

2

respondents have no objection to the grant of such time.

In view thereof, while declining interference with the impugned orders and dismissing the petition, this Court grants eight months’ time to the petitioner–tenant to vacate and hand over peaceful possession of the premises in question to the respondent–landlord, on or before 18th November, 2026 , subject to the following conditions:

(i) The petitioner–tenant shall file an undertaking before the Judge, Small Causes, Moradabad in Small Causes Case No.140 of 2016 to the effect that he shall hand over peaceful possession of the premises in question to the respondent–landlord on or before 18th November, 2026;

(ii) The said undertaking shall be filed within a period of two weeks from today;

(iii) The petitioner–tenant shall deposit the entire arrears of rent in terms of the judgment dated 01.02.2024 passed by the Judge, Small Causes in SCC No.140 of 2016, after adjusting any amount already paid, within a period of four weeks from today; and

(iv) The petitioner–tenant shall also regularly deposit a monthly amount of Rs.3,000/-, by the 7th day of each month, towards 'use and occupation charges' for the period of continued occupation.

It is made clear that in the event of default in compliance of any of the aforesaid conditions, the protection granted by this Court shall stand vacated automatically, and it shall be open to the respondent–landlord to proceed with execution of the decree in accordance with law.

Subject to the aforesaid directions, the petition stands dismissed .

(Dr. Yogendra Kumar Srivastava,J.)

March 18, 2026

Imroz

Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad