Surendra Kumar vs Smt. Shiv Devi And 8 Others
2013 Latest Caselaw 7577 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 70716 of 2013
 

 
Petitioner :- Surendra Kumar
 
Respondent :- Smt. Shiv Devi And 8 Others
 
Counsel for Petitioner :- Prateek Sinha
 

 
Hon'ble Ran Vijai Singh,J.

Heard Sri Prateek Sinha, learned counsel for the petitioner.

While assailing the impugned judgments, learned counsel for the petitioner submits that the prescribed authority as well as appellate court both have erred in allowing the release application without considering the case of the landlord with regard to the bonafide need. As per his submission, the court below has swayed away only by the facts that two shops were allotted in the name of the petitioner's father.

Matter requires scrutiny.

Issue notice to the respondents through registered post returnable at an early date.

Steps be taken within two weeks.

List this case on the date fixed by the office in the notice.

Counter affidavit may be filed by the next date of listing.

As an interim measure without prejudice to the right and contention of the parties, subject to further order passed by this Court, the eviction of the petitioner from the accommodation in dispute shall remain stayed provided the petitioner deposits Rs. 3000/- per month towards rent. The rent of month of December shall be deposited by 7th January, 2014 and thereafter the petitioner shall continue to deposit the same amount on or before 7th day of each succeeding month before the prescribed authority. The amount so deposited may be withdrawn by the landlord. In case of default, interim order granted today shall stand automatically vacated. The rent has been enhanced keeping in mind the location of the shop in busy locality of Mutthiganj, District Allahabad and the law laid down by the Apex Court in Atma Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd.-(2005) 1 SCC 705, as well as of this Court in Ganga Prasad Vs. M/s. Hanif Opticians 2005 (2) ARC 723, Rajeshwari (Smt.) Vs. Smt. Prema Agarwal, 2005(1) ARC-526, Hari Mohan Kichlu Vs. VIIIth A.D.J. Muzaffarnagar and others, 2004 (2) ARC-652; Khurshida Vs. A.D.J. 2004(2) ARC-64 =2004(54) ALR-177, Smt. Zohra Vs. IVth A.D.J. Jhansi 2006(63) ALR 643.

Order Date :- 20.12.2013

Pratima