Purshottam Singh And Another vs Sri Arun Kumar Goswami
2015 Latest Caselaw 720 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 32407 of 2015
 

 
Petitioner :- Purshottam Singh And Another
 
Respondent :- Sri Arun Kumar Goswami
 
Counsel for Petitioner :- A.P. Singh,Ashish Kumar Srivastav
 
Counsel for Respondent :- Anoop K. Pandey
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the parties.

Sri A.K. Pandey has accepted notice on behalf of the respondent.

Issue notice to the respondent returnable within four weeks.

List after six weeks.

In the meantime counter affidavit may be filed.

The petitioner-tenant has come up before this Court assailing the order dated 19.2.2015 passed by Additional District Judge/Special Judge, SC/ST Act, Gorakhpur in Rent Appeal No. 31 of 2014 (Purushottam Singh and another Vs. Arun Kumar Goswami) and judgment and order dated 8.9.2014 passed by prescribed authority, Gorakhpur in P.A. Case No. 15 of 2008 (Arung Kumar Goswami Vs. Purushottam Singh and another).

Submission of the learned counsel for the petitioners is that the application filed under Section 21(1) (a) of U.P. Act No. 13 of 1972 does not disclose the cause of action for filing the release application. The respondent had not pleaded that he is the landlord and owner of the property, the relationship of landlord and tenant was not proved, under the garb of the release application the title of the respondent has been decided.

Till the next date of listing, the effect and operation of the order dated 19.2.2015 passed by Additional District Judge/Special Judge, SC/ST Act, Gorakhpur in Rent Appeal No. 31 of 2014 (Purushottam Singh and another Vs. Arun Kumar Goswami) and judgment and order dated 8.9.2014 passed by prescribed authority, Gorakhpur in P.A. Case No. 15 of 2008 (Arun Kumar Goswami Vs. Purushottam Singh) and another shall remain stayed.

Order Date :- 27.5.2015

Ashish Pd.