Allahabad High Court
Mukesh Chandra vs Mohammad Ovais Iqbal Khan And 7 ... on 7 December, 2022
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 11085 of 2022
Petitioner :- Mukesh Chandra
Respondent :- Mohammad Ovais Iqbal Khan And 7 Others
Counsel for Petitioner :- R P Rajan
Counsel for Respondent :- Mohd. Saleem Khan,Ashish Kumar Singh
Hon'ble Ajay Bhanot,J.
This petition under Article 227 of the Constitution of India assails the order dated 29.09.2015 passed by the learned trial court/Presiding Officer/Judge Small Cause Court, Aligarh in U.P.U.B. Case No. 03 of 2011 and the order passed by the appellate court dated 15.10.2022 in U.P.U.B, Appeal no. 04 of 2015.
The learned trial court has found in favour of the landlord on the issue of bonafide needs and held that the landlord requires the space for parking his car. The trial court has also found that the tenant failed to make any efforts for renting out or purchasing an alternative accommodation. The learned appellate court independently appraised the pleadings and evidence and found against the tenant applicant. The learned appellate court affirmed the judgement of the learned trial court.
The tenant has exhausted his statutory remedies. He has invoked extraordinary jurisdiction of this Court under Article 227 of the Constitution of India. Both the courts below have found against the appellant and in favour of the landlord on the issue of bonafide need as well as comparative hardship. The learned courts below have handed down reasoned judgments reflecting due application of mind to the facts and evidence of this case and in accordance with law.
No perversity in the findings of the courts below has been shown during the arguments or pointed out from the records.
The conditions prerequisite for exercising powers under Article 227 of the Constitution of India are not established.
At the very outset the landlord had offered the appellant to vacate the premises in a reasonable period of time. The offer was declined by learned counsel for the appellant and he argued the matter on merits.
Apparently the applicant wants to take advantage of the delays in the legal system to perpetuate his possession over the rented property. The tenant is unnecessarily trying to draw the landlord into an endless orbit of litigation.
The landlord has been litigating for almost a decade on one forum or other to lawfully repossess his property.
I see merit in the submission of Sri Ashish Kumar Singh, learned counsel for the respondents landlord that the judicial system has failed to provide timely and relevant remedies. Once again the applicants shall be thrown into another orbit of litigation if this petition under Article 227 of the Constitution of India is maintained, or the landlord is directed to take out execution proceedings to evict the tenant.
In this view of matter, in the interest of justice it deems appropriate to issue the following directions:
In case the appellant does not hand over peaceful vacation of the disputed premises within one month i.e. on or before 06.01.2023, the respondent landlord shall file an application to this effect before the Chief Judicial Magistrate, Aligarh as well as to Senior Superintendent of Police, Aligarh. The Senior Superintendent of Police, Aligarh is directed to provide police force is used to evict the applicant from the dispute premises within a period of three days from the date of receipt of the application. The Chief Judicial Magistrate, Aligarh shall supervise the process of eviction.
The Chief Judicial Magistrate, Aligarh and Senior Superintendent of Police, Aligarh shall file a compliance report before the Registrar General of this Court.
The petition is dismissed.
Order Date :- 6.12.2022
Pravin
