Manoj Kumar vs Sanatan Dharmarth Trust
2022 Latest Caselaw 20787 ALL

Citation : 2022 Latest Caselaw 20787 ALL
Judgement Date : 12 December, 2022

Allahabad High Court

Manoj Kumar vs Sanatan Dharmarth Trust on 12 December, 2022

Bench: Ajit Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 
Case :- MATTERS UNDER ARTICLE 227 No. - 11207 of 2022
 
Petitioner :- Manoj Kumar
 
Respondent :- Sanatan Dharmarth Trust
 
Counsel for Petitioner :- Sushil Kumar Tewari,Ashish Kumar Singh
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Ashish Kumar Singh, learned counsel for the petitioner.

The argument advanced by learned counsel for the petitioner is that the finding with regard to service of notice in a suit for recovery of arrears of rent and ejectment is against the weight of evidence. He submits that this aspect has completely been overlooked by the court sitting in revision.

It is however, not disputed by learned counsel for the petitioner that the shop is situated in a market area and is having good commercial value. He could not deny that the rate of rent may be higher than what actually is being paid.

Matter requires consideration.

Issue notice to the respondent returnable within eight weeks.

Steps for service be taken within two weeks.

List on the date indicated in the notice.

In the meanwhile until further orders of this Court, the judgment and decree dated 31.03.2015 passed by the Judge, Small Cause Court, Moradabad in S.C.C. Case No. 55 of 2008 shall remain stayed, provided petitioner deposits the entire decretal amount, after adjusting the amount already deposited, within a period of one month from today and further continues to pay Rs. 2,500/- per month towards the use and occupation of the shop premises in question on or before 7th day of every month beginning from the month of January 2023, which all shall be released in favour of the landlord without requiring him to furnish any security.

However, it is clarified that in the event of default in complying with the directions issued herein above, the interim protection granted under this order shall cease to operate and the defendant landlord shall be at liberty the get the judgment and decree executed and default may also be a ground for dismissal of the petition on the next date fixed.

Order Date :- 12.12.2022/IrfanUddin