Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 3070 (ALL)

Badri Prasad Gupta v. Raj Kishori Devi

2014-10-07

RAN VIJAI SINGH

body2014
JUDGMENT Ran Vijai Singh,J. Heard Sri Dileep Kumar Mishra, learned counsel for the petitioner and Sri Ashish Kumar Srivastava, learned counsel for the respondents. 2. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the judgment and orders dated 24.7.2014 passed by the Additional District Judge, Court No. 9, Kanpur Nagar in Rent Appeal No. 66/2011 (Badri Prasad Gupta Vs. Smt. Raj Kishori Devi and another) as well as judgment and order dated 10.5.2011 passed by the First Additional Small Cause Judge/Prescribed Authority Kanpur in Rent Case No. 13/2003 (Smt. Raj Kishori Devi and another Vs. Sri Badri Prasad) 3. Vide order dated 10.5.2011, release application filed by the respondents under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 has been allowed by the prescribed authority holding that need of the landlord is bonafide and genuine and comparative hardship is also in favour of the landlord. Aggrieved petitioner has filed appeal against the aforesaid judgment, which has also been dismissed. 4. Learned counsel for the petitioner, at the very outset after receiving instruction from the petitioner, submits that in case, the petitioner is granted time upto 30th June, 2015 to vacate the premises in dispute, he will not press his writ petition. 5. On being confronted as to whether the learned counsel for the respondent is ready with the said proposal, Sri Ashish Kumar Srivastava, after receiving the instruction from his client who is present before the court, submits that he has no objection, provided the petitioner files an undertaking before the prescribed authority within a period of four weeks from today stating therein that he will vacate the premises by 30th June, 2015. 6. In view of the submissions made by learned counsel for the parties, this writ petition is disposed of with the direction to the petitioner to file an undertaking before the prescribed authority within the period of four weeks from today stating that he will vacate the premises by 30th June, 2015. In case, such an undertaking is filed, the order of release shall not be executed till 30th June, 2015, provided the petitioner continues to deposit the agreed rent by 7th day of each succeeding month. In case, such an undertaking is filed, the order of release shall not be executed till 30th June, 2015, provided the petitioner continues to deposit the agreed rent by 7th day of each succeeding month. However, in case, the petitioner does not vacate the premises by 30th June, 2015, the S.S.P.Kanpur Nagar is directed to get execute the order of release by force and handover the possession to the landlord.