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WPMS/2536/2023
2023 Latest Caselaw 2693 UK

Citation : 2023 Latest Caselaw 2693 UK
Judgement Date : 13 September, 2023

Uttarakhand High Court
WPMS/2536/2023 on 13 September, 2023
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 2536 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Bhupesh Kandpal, Advocate, for the petitioner.

Mr. Sudhir Kumar, Advocate, for the respondents.

This instant Writ Petition arises out of the concurrent judgments under Section 21 (1) (a) of U.P. Z.A. & L.R. Act, and there are very limited avenues available to the petitioner to be ventured into under Article 227 of the Constitution of India. But looking to the question raised by the learned counsel for the petitioner, that there was no relationship of landlord and tenant, and there was non remittance of the rent by the petitioner to the applicant to the release application, the matter requires scrutiny.

The respondents may file counter affidavit within a period of two weeks from today. List immediately thereafter in the week commencing 9th October, 2023.

Till the next date of listing, the eviction of the petitioner in pursuance to the impugned order would be kept in abeyance, subject to the condition, that the petitioner continuously remits the rent @ Rs.10,000/- p.m., which is directed to be paid to the respondents by 10th of each month, failing which, the interim order would automatically stand vacated.

(Sharad Kumar Sharma, J.) Dated 13.09.2023 Shiv

 
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