Rajesh Verma vs Aziz Uddin And 2 Others
2022 Latest Caselaw 13072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7870 of 2022
 

 
Petitioner :- Rajesh Verma
 
Respondent :- Aziz Uddin And 2 Others
 
Counsel for Petitioner :- Anil Kumar Pandey
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Anil Kumar Pandey, learned counsel for the petitioner and perused the record.

By means of this petition filed under Article 227 of the Constitution, the petitioner has questioned the correctness and the propriety of the order passed by the trial Judge in SCC Suit No.- 21 of 2005 dated 8th August, 2022, whereby the application of the landlord - plaintiff to get the spot inspection of the building done with regard to its exact time and year of construction and the period of existence on the spot, has come to be allowed.

The argument advanced by learned counsel for the tenant petitioner is that all this is nothing but aimed at delaying tactics in respect of the suit proceedings. He further submits that petitioner is also a skeptical of bringing into new evidence whereas with regard to the construction of the building in question there is already on record a map sanctioned by the competent authority which should be a guiding factor to decide the exact time of construction and existence of the building.

Having heard learned counsel for the petitioner and having perused the pleadings raised in this petition and order impugned, I find that it is a suit brought by the landlord and if landlord wants to bring into some evidence with regard to the remand order by which this Court directed to get the correct timing and year of construction and existence of the building, no harm is going to be caused to the tenant. The petitioner is admittedly a tenant and the question is not of the tenancy rights but the question is applicability of a particular Act to the building in question. It is a landlord's own building and if he wants it to be inspected the building on the spot and wants further examination to be conducted in the matter regarding exact or correct year and time of construction and existence of the building, in my considered view, no harm is gong to be caused to the petitioner- tenant.

It is further to be observed that the rights of the tenant under any circumstances are not prejudiced. It would be all the more an effective judgment if time and year of construction and existence of the building is brought on record by conducting survey.

In such above of the matter, therefore, I do not find any fault much less a manifest one in the judgment and order passed by the trial Judge on 8th August, 2022 in the SCC suit No. 21 of 2005.

Petition lacks merit and is, accordingly, dismissed.

Order Date :- 15.9.2022

Atmesh