SURESH KUMAR MISHRA (U/A-227) Vs. COURT OF ADDL DISTRICT JUDGE (CBI-IV) LUCKNOW & 3 OTHERS
LAWS(ALL)-2016-7-141
HIGH COURT OF ALLAHABAD
Decided on July 04,2016

Suresh Kumar Mishra (U/A-227) Appellant
VERSUS
Court Of Addl District Judge (Cbi-Iv) Lucknow And 3 Others Respondents

JUDGEMENT

- (1.) This petition by the tenant has been filed challenging the order dated 11.04.2014, passed by the learned Prescribed Authority/Ist Additional Judge, Small Causes Court, Lucknow whereby the application/petition, under Section 21(1(a) of the U.P. Act No. 13 of 1972 (hereinafter referred to as 'Act') for release of the premises in question filed by the respondent Nos. 3 and 4 has been allowed. The appeal preferred by the petitioner under Section 22 of the Act against the judgment dated 11.04.2014, passed by the Prescribed Authority has also been dismissed by the learned appellate court by means of order dated 15.04.2015. This order dated 15.04.2015 has also been assailed by the petitioner in these proceedings.
(2.) Heard Sri M.A. Khan, learned Senior Advocate, assisted by the Sri Jaspreet Singh, learned counsel appearing for the petitioner, Sri Pritish Kumar, learned counsel appearing for the respondent Nos. 3 and 4 and perused the lower court record.
(3.) Respondent Nos. 3 and 4 filed an application under Section 21(1)(a) of the U.P. Act for release of the premises in question, namely, House No. 41/210, Ram Ratan Bajpai Marg, Narhi, Hazratganj, Lucknow. This premises was purchased by the respondent Nos. 3 and 4 from its erstwhile owner, Ram Chandra Gupta through a registered sale deed dated 01.11.2006. In the petition under Section 21(1)(a) of the Act, it was averred that respondent Nos. 3 and 4 are the co-owners and landlords and the petitioner was informed that premises has been purchased through registered sale deed dated 01.11.2006 through letter dated 01.05.2007, which was sent through registered post on 04.05.2007 and was received by the petitioner on 16.05.2007. After the said information, the petitioner paid rent for the period from 01.11.2006 to 30.11.2007 through money order to the respondent Nos. 3 and 4 which was received on 16.10.2007 and thus, he established a relationship of landlord and tenant with the respondent Nos. 3 and 4.;


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