Allahabad High Court
Ishwari Prasad @ Lala vs State Of U.P. And Another on 25 April, 2022
Bench: J.J. Munir
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- MATTERS UNDER ARTICLE 227 No. - 2798 of 2022
Petitioner :- Ishwari Prasad @ Lala
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Rajesh Kumar
Counsel for Respondent :- C.S.C.,Pradeep Kumar Tiwari
Hon'ble J.J. Munir,J.
This petition arises out of a decree for eviction passed by the Judge, Small Cause Court, Agra dated 29.11.2017, besides recovery of arrears of rent and mesne profits. The decree has been affirmed in Revision by the learned Additional District Judge, Court No.23, Agra vide judgment and decree of December the 23rd, 2021.
Heard Mr. Rajesh Kumar, learned Counsel for the petitioner-tenant and Mr. Pradeep Kumar Tiwari, learned Counsel for the respondent-landlord.
The petitioner, who is a tenant in the demised shop, located in Municipal Premises No. 24/142, Kazi Pada, Rakabganj Ward, Agra, appears to be a tenant since the time of the former owners and landlords, Naim Ahmad and Haseen Ahmad. The demised shop was sold to the plaintiff-respondent, Ishwari Prasad by its former owners vide registered sale deed dated 22.06.2012. It was the plaintiff-respondent's case that the petitioner-tenant holds the demised shop since the time of its former owners and landlords at a monthly rent of Rs.1500/-. The petitioner-tenant was aware about the transfer of title, but did not pay any rent to the plaintiff-respondent.
A notice, intimating the petitioner-tenant, was sent by the plaintiff-respondent on 14.08.2013 through his Counsel, that was duly served. The petitioner-tenant, instead of paying rent, demanded a copy of the sale deed dated 22.06.2012 and also disputed the rate of rent. The petitioner-tenant urges that the rate of rent is Rs.200/- per month and not Rs.1500/-. The petitioner-tenant's tenancy was determined by a notice dated 24.09.2013 on the ground of actionable default and the suit giving rise to the present petition was instituted before the Judge, Small Cause Court, Agra for eviction, recovery of arrears of rent and mesne profits.
On the pleadings of parties, various issues were framed, on which the parties went to trial. The relationship of landlord and tenant was held established between the petitioner-tenant and the respondent-landlord. The rate of rent was determined by the Trial Court to be Rs.200/- per month and not Rs.1500/-. The Trial Court held on Issue No.3 on the basis of appraisal of evidence on record that the tenant was in actionable default because he remitted rent to the landlord after service of a later notice dated 12.05.2014 and not earlier. The notice to quit was held validly served and otherwise a valid notice determining the petitioner-tenant's tenancy.
So far as the question of relief from eviction under Section 20(4) of the U.P. Act No.13 of 1972 (for short, 'the Act') is concerned, while returning findings on Issue No.5, the Trial Court held, on a carefully done calculation with reference to evidence on record, that compliance with the provisions of sub-Section (4) of Section 20 of the Act last mentioned had not been done by the petitioner-tenant. The reason to reach the said conclusion is that in calculating the landlord's costs of the suit, the tenant had made deposit of the sum of Rs.8700/-, that was reckoned taking into account court-fees paid in the sum of Rs.1003/- whereas the court-fee paid by the landlord was a sum of Rs.5020/-. It was, therefore, held that the landlord's costs of the suit were not deposited on the first date of hearing, disentitling the petitioner-tenant to the benefit of Section 20(4) of the Act. All the aforesaid findings have been affirmed by the Revisional Court.
At the hearing of this petition challenging both the orders, nothing could be shown to this Court that may establish the findings recorded by the two Courts below to be perverse or contrary to the evidence on record or otherwise flawed. No case for interference with the impugned orders is, therefore, made out.
This petition fails and is dismissed.
At this stage, learned Counsel for the petitioner-tenant, Mr. Rajesh Kumar came up with a prayer that the petitioner-tenant may be granted some reasonable time to vacate the demised shop.
Considering the entire facts and circumstances, it is ordered that:
(1) The petitioner-tenant shall handover peaceful and vacant possession of the demised shop to the respondent-landlord on or before 24.04.2023.
(2) The petitioner-tenant shall file an undertaking before the Trial Court to the above effect within three weeks from the date of this order.
(3) The petitioner-tenant shall pay the entire decretal amount within a period of two months from the date of this order by depositing it before the Trial Judge, who shall release it in favour of the landlord without asking him to furnish any security.
(4) The petitioner-tenant shall pay damages for use and occupation at the rate of Rs.2000/- per month with effect from 24th May, 2022, which he shall deposit with the Trial Court, the first deposit being made on or before 24th May, 2022. The sum of money deposited towards damages shall be released in favour of the respondent-landlord uncoditionally by the Trial Court. The last of such damages shall be deposited on or before 24th April, 2023 or till he vacates the demised shop, whichever is earlier. The undertaking furnished by the petitioner-tenant shall carry a specific covenant that he will not sub-let the demised shop to any third party or induct any person in the demised shop until he delivers vacant possession to the landlord.
In the event of an undertaking furnished as aforesaid and all conditions indicated hereinabove being strictly complied with, the petitioner-tenant shall not be evicted from the demised shop until 24.04.2023.
In the event of default in the performance of any of the above mentioned conditions, the decree shall become executable forthwith.
Let a copy of this order be communicated to the Judge, Small Cause Court, Agra, the Court that decided S.C.C. Suit No.39 of 2014, Prem Singh vs. Ishwari Prasad @ Lala vide judgment and decree dated 29.11.2017, through the learned District Judge, Agra by the Registrar (Compliance).
Order Date :- 25.4.2022
Brijesh Maurya/ Anoop
