Dismissed

Ashok Kumar Lohni v. Lalit Mohan Kandpal

Uttarakhand HC2 Dec 2021WPMS/2522/2021

Case brief

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What is this about?

In a writ petition, the High Court dismissed the petitioner's challenge to proceedings initiated under Section 21(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction), Act 1972. The Court held the petition lacked merit as the dispute between the parties clearly established a landlord-tenant relationship.

What did the court decide?

The writ petition was dismissed as it was devoid of merit and required no interference with the initiation of proceedings.

Ashok Kumar Lohni Vs Lalit Mohan Kandpal — Landlord and Tenant | Uttarakhand HC (2021)

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SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			WPMS No. 2522 of 2021 Shri Sanjaya Kumar Mishra, J. Shri Ganesh Kandpal, Advocate for the petitioner. Shri Sudhir Kumar, Advocate for the respondent. Heard learned counsel for the parties. The only challenge in this writ petition is to the initiation of proceedings under Section 21 (1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction), Act 1972. Petitioner is not admitting himself to be a tenant of the plaintiff – respondent herein. It is apparent from the records that the grandfather of the petitioner was inducted as tenant to run a shop, in question. After his death, one of his son namely Shri Pooran Chandra was running the shop. At present, petitioner being the nephew of Shri Pooran Chandra is running the shop. Petitioner claims that he is not a legal heir of Shri Pooran Chandra, so he is not a tenant. It does not mean that the relationship of tenant and landlord is not there and as such, the Rent Control Authorities have no jurisdiction in the matter. The writ petition is filed on the flimsy ground requiring no interference. Accordingly, the writ petition is dismissed being devoid of merit. (S.K. Mishra, J.) 02.12.2021 SKS

Ashok Kumar Lohni v. Lalit Mohan Kandpal

Case brief

What is this about?

What did the court decide?

Ashok Kumar Lohni v. Lalit Mohan Kandpal

Case brief

What is this about?

What did the court decide?

What the court decided

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