Sachin Kumar vs The Kanpur Vidhya Mandir Society
2023 Latest Caselaw 851 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 145 of 2023
 

 
Petitioner :- Sachin Kumar
 
Respondent :- The Kanpur Vidhya Mandir Society
 
Counsel for Petitioner :- Manish Tandon
 
Counsel for Respondent :- Manas Bhargava,Dipti Tiwari
 

 
Hon'ble Salil Kumar Rai,J.

The present petition has been filed challenging the judgment and decree dated 11.5.2022 passed by the Small Causes Court, Kanpur Nagar decreeing S.C.C. No.320 of 2014 instituted by the respondent-landlord for arrears of rent and eviction of the petitioner from the demised premises as well as against the order dated 15.11.2022 passed by the Additional District Judge, Court No.10, Kanpur Nagar in S.C.C. Revision No.141 of 2022.

The decree has been passed by the trial court after recording that the suit property was not governed by Act No.13 of 1972 as it vested in a recognized Educational Institution. The aforesaid finding has been recorded on the basis of the admission of the petitioner-tenant. Further, the Courts below have recorded a finding that the notices under Section 106 of Transfer of Property Act terminating the tenancy of the petitioner had been validly served on the petitioner.

In the circumstances, noted above, the petitioner was not entitled to protection of Section 20(4) of Act No.13 of 1972.

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 227 of the Constitution of India.

In view of the aforesaid, the prayer to quash the decree dated 11.5.2022 passed by the trial court and the order dated 15.11.2022 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 11.5.2022 as affirmed by the revisional court vide its order dated 15.11.2022 till 10.4.2023 provided the petitioner files 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 7.2.2023 and shall vacate the premises by 9.4.2023.

On failure of the petitioner 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 petitioner.

With the aforesaid directions, the petition is disposed of.

Order Date :- 9.1.2023

IB