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2018 DIGILAW 14 (ALL)

Sardaramrik Singh v. Shashikant

2018-01-03

SURYA PRAKASH KESARWANI

body2018
JUDGMENT : Surya Prakash Kesarwani, J. 1. Heard Sri Pankaj Saxena, learned counsel for the defendant-petitioner/tenant and Sri Kunwar Ajay Singh, learned counsel for the plaintiff-landlord/respondent Nos. 2 and 3. 2. The respondent No. 1 had filed an application under Section 12 of U.P. Act No. 13 of 1972 being Case No. 17 of 2014, Shashikant Shukla v. Amreek Singh before the Rent Control and Eviction Officer, Kanpur Nagar with respect to House No. 122/409 Mataiya Purwa, district Kanpur Nagar. By an order dated 17.8.2017, in the aforesaid Case No. 17/2014, the disputed house was released in favour of respondent nos. 2 and 3. 3. Against the aforesaid order dated 17.8.2017, defendant petitioner/tenant has filed a Revision No. 33 of 2017, Sardar Amreek Singh v. State of U.P. which is said to be pending in the court of District Judge, Kanpur Nagar in which an interim order dated 24.11.2017 has been passed, providing that the defendant-petitioner/tenant shall pay rent of Rs. 15,000/- per month. 4. Aggrieved with this order, the defendant-petitioner/tenant has filed the present petition. 5. Learned counsel for respondent nos. 2 an 3 submits that the aforesaid impugned order dated 24.11.2017 has been passed with the consent of the parties and as such it can be interfered. 6. Learned counsel for defendant-petitioner/tenant submits that the consent as observed in the impugned order was not given and, therefore, the defendant-petitioner/tenant has filed an application dated 12.12.2017 before the revisional court, as stated in paragraph-14 of the writ petition, which is still pending. 7. After the arguments were heard at some length, both the learned counsels for the parties have jointly stated that the rent as fixed by the interim order dated 24.11.2017, may be reduced to Rs. 6,000/- per month and the revision itself may be directed to be decided expeditiously, preferably within three months from today, without granting any unnecessary adjournment to either of the parties. 8. In view of the statement as noted above, and without entering into the merits of the case, this petition is disposed of with a direction to the revisional court to decide the aforesaid Rent Revision No. 33 of 2017, Sardar Amreek Singh v. State of U.P. and Others in accordance with law, expeditiously, preferably within three months from the date of production of a certified copy of this order without granting any unnecessary adjournment to either of the parties. 9. 9. As agreed between the parties, the rent as directed to be paid by the interim order dated 24.11.2017, is reduced to Rs. 6,000/- per month. The application dated 12.12.2017 said to be pending before the revisional court for correction of the order dated 24.11.2017, shall be withdrawn by the defendant-petitioner/tenant, as stated by the learned counsel for the defendant-petitioner/tenant before this Court in view of the fact that now the impugned interim order dated 24.11.2017 stands modified with the consent of learned counsels for the parties.