Radha Jaiswal vs Shri Sharfudin And Another
2022 Latest Caselaw 1345 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2239 of 2022
 

 
Petitioner :- Radha Jaiswal
 
Respondent :- Shri Sharfudin And Another
 
Counsel for Petitioner :- Siddhartha Baghel,Prateek Mishra
 

 
Hon'ble J.J. Munir,J.

Heard learned Counsel for the petitioner at length.

The petitioner is the plaintiff of S.C.C. Suit No. 27 of 2015 Radha Jaiswal vs. Shri Sharfuddin and another that has been decreed for eviction, besides arrears of rent and mesne profit vide judgment and decree dated 09.02.2021. Against the said order, the tenant has preferred a revision under Section 25 of the Provincial Small Causes Court Act before the learned District Judge of Allahabad. The said revision, by mistaken advice, was earlier filed as an Appeal, but later on, it was permitted to be converted to a Revision under orders of the learned Incharge, District Judge, Allahabad dated 08.09.2021. Now, vide order dated 24.01.2022 after considerable adjournment and avoidable delay in proceedings of the revision, it has been admitted to hearing. The order of admission has been passed with a condition that 50% of the entire decretal amount shall be deposited within a week and in future, the tenant shall continue to pay monthly rent (actual rent and mesne profit) to the landlord from the date of judgment. Now, the plaintiff-petitioner, who is landlord has come up seeking rather unconservative reliefs in the context above described. These reliefs are:

I) Issue an appropriate order or direction to stay the effect and operation of the judgment and order dated 24.01.2022 passed in SCC Revision No. 15 of 2022 (Sarfuddin vs. Radha Jaiswal) passed by District Judge, Allahabad (Annexure no. 1) and further order which this Hon'ble Court may deem fit and property in the circumstances of the case.

II) Issue any other and further appropriate order or direction direct the respondent Court of District Judge, Allahabad i.e. (Respondent no. 1) to enhance the monthly rent to a reasonable extent compared with the current rent of that particular area which this Hon'ble Court may deem fit and proper in the circumstances of the case.

III) Issue any other and further appropriate order or direction to direct the Respondent no. 2 to handover the Shops in question as decided in SCC Suit No. 27 of 2015 (Smt. Radha Jaiswal vs. Shri Sharfuddin and another).

None of the reliefs that the plaintiff-petitioner has sought can be granted at this stage where the learned District Judge is seized of the S.C.C Revision. Nevertheless, considering the entire facts and circumstances, this Court is of opinion that hearing of the revision ought to be expedited.

Looking to the nature of the order that this Court proposes to pass, issue of notice to the respondents is dispensed with. However, in case the said respondents feel aggrieved, it will be open to them to make an application in the decided petition.

In the circumstances, the learned District Judge, Allahabad is ordered to proceed with S.C.C. Revision No. 15 of 2022 Sarfuddin vs. Radha Jaiswal fixing two dates of effective hearing every week and dispose of the same before the ensuing Summer Vacation.

This petition is disposed of in terms of the aforesaid orders. No costs.

Let this order be communicated to the learned District Judge, Allahabad by the Registrar (Compliance) within 48 hours.

Order Date :- 25.4.2022

Deepak