Allahabad High Court
Shafiq Ullah Khan And 2 Others vs Smt. Rekha Verma And 11 Others on 7 December, 2023
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:231720
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 11715 of 2023
Petitioner :- Shafiq Ullah Khan And 2 Others
Respondent :- Smt. Rekha Verma And 11 Others
Counsel for Petitioner :- Shivangi Nanda,Rama Goel Bansal
Counsel for Respondent :- Alok Kumar Gupta
Hon'ble Prakash Padia,J.
1. The present petition has been filed challenging the judgment and order dated 24.01.2018 passed by the Judge, Small Causes Court / Additional Civil Judge (Senior Division), Allahabad (Smt. Rekha Verma & others vs. Shri Shafiq Ullah Khan) in Original Suit No. 22 of 2014 as well as order dated 25.09.2023 passed by Additional District & Sessions Judge, Court No.1, Allahabad in S.C.C. Revision No. 06 of 2018.
2. By the aforesaid order, the revision filed by the petitioners against the order dated 24.01.2018 was rejected. Vide order dated 24.01.2018 the trial court passed an order on Application No. 22-C filed by the landlord under Order 15 Rule 5 of C.P.C.
3. Aggrieved against the aforesaid, S.C.C. Revision was filed which was dismissed. It is argued by the counsel for the respondents that the suit in question is pending since 2014 and the petitioners are ready to make the payment of admitted rent.
4. Supplementary affidavit has been filed today in the Court, the same is taken on record.
5. It is stated in paragraph-3 of the aforesaid affidavit that as per the judgment passed by the court below, according to which the admitted rent was Rs.500/- per month, the same is due for 11 years and 5 months with interest @ 9% per annum i.e., Rs. 1,38,884/-. It is further stated that petitioners are ready and willing to make the payment of admitted rent and in order to show bonafide a bank-draft of Rs.50,000/- in favour of Smt. Kusum Verma W/o Late Raj Kumar Verma dated 05.12.2023 is placed before this Court. It is further stated that remaining amount i.e. Rs.88,884/- will be deposited by the petitioners in two installments first in January, 2024 and second in February, 2024 to the extent of Rs.44,442/- each.
6. In this view of the matter, it is argued that some interim protection be granted to the petitioners since the petitioners have no other house.
7. Shri Alok Kumar Gupta, learned counsel put up his appearance on behalf of respondent no.6. He is permitted to file his vakalatnama on behalf of other respondents in the registry within 24 hours.
8. In the interest of justice and as agreed by the counsel for the respondents, orders which are under challenged in the present petition are hereby quashed, subject to the following conditions:-
(i) A fresh bank-draft in the name of Kusum Verma to the extent of Rs.50,000/- have been provided by the counsel for the petitioners-Ms. Shivangi Nanda to the counsel for the respondents-Shri Alok Kumar Gupta within 48 hours.
(ii) Remaining amount as per decree dated 24.01.2018 be paid in two installments which will be deposited on or before 15.01.2024 and 15.02.2024 with the Judge Small Cause, Prayagraj.
(iii) The petitioners will also make the payment of Rs.2,000/- per month for the use and occupation of the premises in question on or before the seventh day of each month, beginning from 01.01.2024 to the Judge Small Causes, Prayagraj.
9. It is made clear that the amount so deposited will be released in favour of Smt. Kusum Verma/respondent no.4 without furnishing any security.
10. With the aforesaid observations, the present petition is disposed of finally.
11. It is made clear that though the suit is pending before the court below since 2014, the court below is directed to take final decision on the same, most expeditiously and preferably on or before 31.07.2024 but without granting any unnecessary adjournment to either of the parties.
Order Date :- 7.12.2023
Swati
