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2015 DIGILAW 1790 (ALL)

Hari Prasad Gupta v. Sardar Bakshish Singh

2015-07-07

SUNITA AGARWAL

body2015
JUDGMENT Mrs. Sunita Agarwal, J. Heard learned counsel for the parties. 2. The petitioners are challenging the order dated 18.3.2015 passed by the Additional Chief Metropolitan Magistrate, Court No.4, Kanpur Nagar on an application No. 153 in Rent Case No. 6 of 2005. 3. It appears that on the release application filed by Sardar Bakshish Singh respondent No.1, the petitioners/tenants have disputed the title of the landlord. The matter is pending since 2005. Written statement was filed on 29.8.2011. It appears that the petitioners have not allowed the matter to proceed and hence the respondent landlord had approached this Court by filing writ petition in which a direction has been given to decide the matter expeditiously. Said fact is apparent from the order dated 18.3.2015. Copy of the order passed by this Court has not been brought on record by the petitioners. 4. It is evident from the record that several dates were fixed but the petitioners did not cooperate and filed several applications on one or the other occasions to stall the proceedings. In the application No. 153 the petitioners have sought to assert that the premises in question belongs to a trust which was created by one Sumitra Devi and the petitioners are tenants of the trust since inception of the tenancy. An Original Suit No. 217/70 of 2014 under Section 92 CPC has been filed by one Mahendra Singh Yadav and others against respondent Sardar Bakshish Singh in representative capacity on behalf of Sumitra Devi Trust which is a public charitable trust. 5. Prayer has been made to stay the proceedings of Release application in the year 2002 during pendency of the Original Suit disputing the title of the landlord. 6. A perusal of the written statement filed by the petitioner shows that there is no plea that the disputed property was owned by the alleged trust at any point of time. The application filed in the year 2014 on a new plea is nothing but a deliberate attempt to delay the proceedings of release application and sheer misuse of legal proceedings. The order dated 18.3.2015 is perfectly justified in the facts and circumstances of the case. 7. The application filed in the year 2014 on a new plea is nothing but a deliberate attempt to delay the proceedings of release application and sheer misuse of legal proceedings. The order dated 18.3.2015 is perfectly justified in the facts and circumstances of the case. 7. In view of the fact that the proceedings are pending for more than ten years, it is provided that the Court below shall proceed on day to day basis and the release application shall be decided within two months from today. 8. With the above direction, the writ petition is dismissed. The Registrar General is directed to convey this order to the Prescribed Authority/Additional Chief Metropolitan Magistrate, Court No. 4, Kanpur Nagar at the earliest.