Ram Sewak Tiwari And 5 Others vs Radhika Devi And 2 Others
2023 Latest Caselaw 1877 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 18204 of 2022
 

 
Petitioner :- Ram Sewak Tiwari And 5 Others
 
Respondent :- Radhika Devi And 2 Others
 
Counsel for Petitioner :- Brajesh Kumar Singh,Kamal Singh
 
Counsel for Respondent :- Saurabh Srivastava
 

 
Hon'ble Salil Kumar Rai,J.

This is a tenant's petition challenging the order dated 28.2.2022 passed by the Additional Small Causes Court, Court No.2, Kanpur Nagar decreeing S.C.C. No.99 of 2011 instituted by the respondent-landlord for arrears of rent and eviction of the petitioner/tenant from the suit property as well as against the order dated 11.10.2022 passed by the Additional District Judge, Court No.1, District Kanpur Nagar dismissing Small Causes Revision No.70 of 2022 filed by the petitioners against the decree of the trial court.

The main arguments of the counsel for the petitioners is that the courts below have erred in law in not considering the deposits made by the petitioners under Section 30 of the Act No.13 of 1972. It was argued by the counsel for the petitioners that the deposits made by the petitioners under Section 30 of the Act had to be considered while deciding as to whether the petitioners were entitled to the protection of Section 20(4) of Act No.13 of 1972.

The contention of the counsel for the petitioners is not acceptable. It is apparent from a reading of the judgments passed by the Courts below that the deposits made by the petitioners under Section 30 of the Act have not been considered because the petitioners did not comply with the requirements of Rule 21 of the Uttar Pradesh Urban Buildings, Regulation of Letting Rent & Eviction Rules, 1972.

In view of the aforesaid, there is no illegality in the judgments passed by the Courts below. The findings recorded by the Courts below are findings of fact based on relevant evidence on record. I do not find any perversity in the same so as to occasion interference by this Court under Article 226 of the Constitution of India.

In view of the aforesaid, the prayer to quash the decree dated 28.2.2022 passed by the trial court and order dated 11.10.2022 passed by the revisional court stands rejected.

However, considering the circumstances of the case as brought on the record, the petitioner shall not be evicted from the suit property in pursuance to the decree dated 29.2.2022 as affirmed by the revisional court vide its order dated 11.10.2022 till 31.7.2023 provided the petitioners file an affidavit before the Small Causes Court within two weeks from today undertaking that the decreetal amount shall be deposited within one month from today and further continues to deposit the monthly rent as determined by the trial court starting from 20.2.2023 and shall vacate the premises by 30.7.2023.

On failure of the petitioners to comply with any of the directions given above, the executing court shall proceed with the execution of the decree passed by the trial court and shall ensure expeditious disposal of the same on an application filed for the purpose by the respondent-landlord. The landlord shall be entitled to withdraw the amount deposited by the petitioners.

With the aforesaid directions, the petition is disposed of.

Order Date :- 18.1.2023

IB