Hiralal Kashyap vs Sharad Kumar Shrivastava
2023 Latest Caselaw 18596 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:47836
 
Court No. - 20
 

 
Case :- WRIT - A No. - 4075 of 2023
 

 
Petitioner :- Hiralal Kashyap
 
Respondent :- Sharad Kumar Shrivastava
 
Counsel for Petitioner :- Samarth Saxena
 
Counsel for Respondent :- Vishnu Pratap Singh
 

 
Hon'ble Manish Mathur,J.

Heard Mr. Samarth Saxena, learned counsel for petitioner and Mr. Vishnu Pratap Singh, learned counsel for opposite party.

Petition has been filed under Article 227 of the Constitution of India challenging order dated 10.11.2021 passed in Rent Control Suit No.09 of 2018 whereby application of opposite party under Section 21 (1) (b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 has been allowed. Also under challenge is order dated 18.05.2023 passed in Rent Control Appeal No.02 of 2021 rejecting the same.

Since in order passed by the trial court, specific directions have been issued with regard to hand over of possession of property in the nature of a shop by the tenant to the Landlord with statutory right of re-entry to the tenant, learned counsel for petitioner on 06.07.2023 had sought time to obtain instruction from petitioner whether he wishes to pursue the present petition or not.

In pursuance thereof, upon instructions, learned counsel for petitioner submits that he would not press the petition in case a specific time frame for construction by the landlord is indicated which has been omitted in the order passed by the trial court. Learned counsel for opposite party upon instructions, does not have any objection to the same.

In view of aforesaid, order dated 10.11.2021 passed in Rent Control Suit No.09 of 2018 is modified to the extent that the additional direction that upon peaceful and vacant hand over of shop in question by tenant-petitioner to landlord-opposite party within time frame indicated therein, new construction of shop shall be completed within a period of two years from taking possession of shop in question failing which petitioner shall have the right of re-entry as provided by the statute. The other conditions indicated in judgment and order dated 10.11.2021 shall subsist.

In terms of aforesaid directions, the petition stands disposed of.

Order Date :- 21.7.2023

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