Parvez Alam vs Smt. Satdevi And Another
2023 Latest Caselaw 6718 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2252 of 2023
 

 
Petitioner :- Parvez Alam
 
Respondent :- Smt. Satdevi And Another
 
Counsel for Petitioner :- Avdhesh Chandra Nigam
 

 
Hon'ble Chandra Kumar Rai,J.

Heard Mr. A.C. Nigam, Counsel for the petitioner.

Counsel for the petitioner submitted that by the impugned order without giving opportunity of hearing to the petitioner, the revisional court has enhanced the rent arbitrarily. He further submitted that petitioner was paying rent at the rate of 300/- per month although respondents-landlord is claiming monthly rent @ Rs. 1100/- per month and J.S.C.C./District Judge, Kanpur Nagar passed the impugned order dated 06.02.2023, enhancing the monthly rent from Rs. 300/- to 6000/- per month.

Counsel for the petitioner has placed reliance upon judgment rendered by the Hon'ble Supreme Court in Niyaz Ahmad Khan Vs. Mahmood Rahmat Ullah Khan. 2008 (7) SCC 539 to say that where the Statutes specifically provides for fixation of rent and increase in rent by the Competent Officer i.e. Rent Control and Eviction Officer under the Act, the High Court under interim directions cannot impose oppressive and unreasonable conditions. He further placed reliance upon interim order passed by this Court in Matters Under Article 227 No.2078 of 2023.

Considering the ratio law laid down in Niyaz Ahmad Khan (supra), matter requires consideration as to whether rent can be enhanced from Rs. 1100/- to 6000/- per month

Issue notice to respondent returnable an an early date.

Steps be taken within three weeks.

List this matter on 27th July, 2023 .

Until further orders of this Court effect and operation of the order dated 06.02.2023 shall remain stayed provided petitioner deposit Rs. 2,000/- per month with effect from February, 2023. Due amount for the month of February and March 2023 will be deposited together on or before 15th March, 2023. With effect from April, 2023 petitioner shall deposit Rs. 2000/- per month by 7th of each month.

In case of default of any of the condition imposed, the interim order granted by this Court shall deemed to be vacated.

It is made clear that proceeding of the SCC Revision No.290 of 2022 pending before District Judge Kanpur Nagar has not been stayed, the same shall continue in accordance with law.

Order Date :- 1.3.2023

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