Farman Ahmad And 4 Others vs Mohammad Arshad
2023 Latest Caselaw 15864 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:110153
 
Court No. - 2
 

 
Case :- WRIT - A No. - 8249 of 2023
 

 
Petitioner :- Farman Ahmad And 4 Others
 
Respondent :- Mohammad Arshad
 
Counsel for Petitioner :- Tawvab Ahmed Khan
 
Counsel for Respondent :- Iqbal Ahmad
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Atul Dayal, learned senior counsel assisted by Sri Tawvab Ahmed Khan, learned counsel for the petitioners and Sri Iqbal Ahmad, learned counsel for the respondent.

Present petition has been filed with following prayer;

i). Issue a writ order or direction in the nature of Certiorari quashing the judgment and order dated 10.02.2023 passed by Additional District Judge, Court No. 4, Amroha in Rent Appeal No. 19 of 2021 (Farman Ahmad and others Vs. Mohd. Arshad) and judgment and order dated 20.03.2021 passed by Prescribed Authority/ Civil Judge (Senior Division) in P.A. Case No. 7 of 2014 (Mohammad Arshad Vs. Farman Ahma and others).

Sri Atul Dayal, learned senior counsel apart from many other grounds submitted that Original Suit No. 212 of 2007 has been filed upon which written statement has been filed and evidence has also been leaded, but after framing the point of determination, Trial Court as well as Revisional Court has decided the same without recording any finding.

Sri Iqbal Ahmad, learned counsel for the respondent could not dispute the said fact and submitted that matter may be remanded back to Trial Court to pass fresh order within the time frame fixed by the Court.

At this stage, Sri Atul Dayal, learned senior counsel submitted that in case after disposal of Suit, any rent appeal is filed, direction may also be issued to decide the same within fixed time frame fixed by the Court.

Under such facts and circumstances of the case, judgment and orders dated 10.02.2023 and 20.03.2021 are hereby quashed and petition is allowed. The matter is remanded back to Prescribed Authority/ Civil Judge (Senior Division), Amroha to decide the Suit afresh along with specific finding on each point of determination, maximum within a period of three months from the date of production of certified copy of this order.

In case, after disposal of Suit, any rent appeal is filed before Appellate Authority, Amroha, he shall decide the same within three months from the date of filing of appeal.

Order Date :- 19.5.2023

Arvind