Allahabad Court February 2005 Judgments
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indra Pal Verma Son of Sri Ram Dayal Verma Vs. Sri Sri Ram Gupta and R ...
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(1)ARC621; 2005(3)AWC2578
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India is filed by the petitioner-tenant. Brief facts are that the petitioner who is tenant of the shop in question for the past 25 years, as asserted in the writ petition, contested an application filed by the landlord under Section 21 (1) (a) of U.P. Act No. 13 of 1972 (in short the Act), whereby the landlord sought the release of the aforesaid accommodation in favour of the landlord on the ground that two sons of the landlord, Sandeep Kumar and Sachin aged 22 years and 20 years respectively, are unemployed, therefore, he requires the shop in dispute for starting new business by these two sons. It is also stated by the landlord that the petitioner-tenant is in possession of self owned house in Ghatampur where he can easily shift his business. It is further asserted that the building in question consists of three shops, out of which one has been release in favour of the landlord put the tenant has obtained a...
Laddan @ JamIn Abbas HussaIn Vs. Mohd. Abbas @ Sabbo and ors.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(1)ARC687; 2005(3)AWC2574
Anjani Kumar, J.1. By means of writ petition under Article 226 of the Constitution of India, the petitioner-tenant challenges the order dated 28th January, 2004, passed by the prescribed authority and the order dated 14th July, 2004, passed by the appellate authority under the provisions of the U.P. Act No. 13 of 1972, copies whereof are annexed as Annexures-'3' and '4', respectively, to the writ petition.2. The brief facts of the present case are that the respondent Nos. 1, 2 and 3 are the landlord of the accommodation in question, who were residing under the guardianship of their maternal grand-father at the time when the application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972, (In short 'the Act') was filed on behalf of the maternal grand-father on the ground that they are living under the guardianship of their maternal grand-father, as their parents died at early age. It is also asserted that respondent No. 1, namely, Mohd. Abbas has attain majority, and doing his own b...
Umardaraj Vs. Furkan Ahmad and anr.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(1)ARC691; 2005(3)AWC2154
Anjani Kumar, J.1. This is a writ petition by the tenant against the judgment and order of the revisional Court dated 23rd September, 2004 whereby the revisional Court has allowed the revision filed by the landlord who was aggrieved by the order of the trial Court whereby the suit filed by the plaintiff-landlord was dismissed. The revisional Court by the order impugned has set aside the order passed by the trial Court and decreed the suit filed by the revisionist-landlord, respondent in this writ petition and the relief regarding recovery of arrears of rent and damages for occupation for the period before institution of the suit has been refused. It is also held by the revisional Court that the plaintiff would be entitled to recover the amount of damages for occupation from the petitioner-tenant for the period of institution of the suit till the decision of the suit property at the rate of Rs. 150/- per month.2. The plaintiff-landlord filed a suit for ejectment and arrears of rent agai...
Sudarshan Devi (Smt.) and ors. Vs. Smt. Bhajan Kaur and ors.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(1)ARC744; 2005(3)AWC2174
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India is directed against the order dated 4th November, 2004, passed by the appellate authority under the provisions of the U.P. Act No. XIII of 1972, whereby the appeal against the order dated 8th January, 1999, passed by the prescribed authority, filed on behalf of the respondents-landlord has been allowed by the appellate authority,2. The brief facts of the present case are that Sardar Indra Singh was the owner of the accommodation in question. After the death of Sardar Indra Singh, the interest of the ownership was devolved over his wife Smt. Bhajan Kaur and his five daughters, who have been arrayed as Respondents 2 to 6 in the present petition. Manohar Lal was the original tenant and after his death, the tenancy of the accommodation has been inherited by her wife Smt. Sudarshan Devi and two sons, who have been arrayed a petitioners in the resent petition. It is not in dispute that before the filing of t...
Sardar Kuldeep Singh Vs. Sri Ravindra Nath Garg and ors.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(1)ARC766; 2005(3)AWC2569
S.U. Khan, J.1. This writ petition has been filed by tenant. It arises, out of allotment proceedings initiated by Pawan Kumar Singh, Respondent No. 2 under Section 12 and 16 of UP.' Act No. 13 of 1972 in the form of case No. 47 of 2001 on the file of R.C. and E.O./Addl. City Magistrate (II), Kanpur Nagar. Respondent No. 1 Ravendra Nath Garg is landlord. Respondent No. 3 Ram Chandra was another applicant for allotment. The number of property in dispute is 133/131, M- Block, Kidwai Nagar, Kanpur Nagar. R.C. and E.O. by order dated 27.6.2002 declared vacancy of the premises in dispute and thereafter by order dated 15.7.2002 it was released in favour of landlord respondent No. 1. The release application was registered as case No. 11 of 2001. Against orders dated 15.7.2002 releasing the premises in dispute in favor of the landlord and order dated 27.6.2002 declaring vacancy revision was filed by the tenant/petitioner before District Judge under Section 18 of the Act being Rent Revision No. ...
Rajnish Kumar Vs. Krishna Lal
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(1)ARC769; 2005(3)AWC2571
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India is directed against the order dated 7th March, 2000, passed by the Judge Small Cause Court in suit No. 56 of 1996, copy whereof is annexed as Annexure-'9' to the writ petition, whereby the suit filed by the plaintiff-respondent was decreed and the defendant-tenant, petitioner in the present writ petition, was directed to vacate the accommodation in question, which is a shop, within one month and also to pay the damages at the rate of Rs. 200/- per month. The petitioner-tenant aggrieved by the aforesaid order of the trial Court filed a revision before the revisional Court. The revisional Court maintained the order passed by the trial Court and dismissed the revision filed by the petitioner-tenant vide its order dated 10th September, 2004, copy whereof is annexed as Annexure-'10' to the writ petition.2. I have heard Sri Ashfaq Ahmad Ansari, learned Counsel appearing on behalf of the petitioner and Sri Ma...
Rajendra Kumar (Sri) Vs. Viith Additional District Judge and anr.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(1)ARC793
Vikram Nath, J.1. This writ petition has been filed by the tenant for quashing of the judgment dated 24.4.2001, passed by the VIIth Additional District Judge, Moradabad, (Annexure No. 15 to the writ petition), whereby the Rent Control Appeal No. 35 of 1998, filed by the landlord Kamlesh Kumar has been allowed, and after setting aside the order of the Prescribed Authority dated 22.7.1998 the release application of the appellant for eviction of the petitioner has been allowed.2. The dispute relates to a shop situated in Mohalla Bishanpur, Main Bazar, Kasba Kanth, District Moradabad, in which the petitioner is a tenant at monthly rent of Rs. 30.81 and respondent No. 2 is the owner of the said shop. The landlord respondent No. 2 has 5 shops out of which one shop is in the possession of the landlord; the second shops in the possession of the petitioner and 3 others shops are in occupation of tenants. Respondent No. 2 filed an application under Section 21 (1) (a) of the Act U.P. Act No. 13 o...
Ram Prasad S/O Late Sri Bans Raj Vs. State of U.P. Through Secretary P ...
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(3)AWC2893
Arun Tandon, J.1. Heard Sri Kirshna Nand Yadav, learned counsel for the petitioner and Learned Standing Counsel for the respondent Nos. 1 to 3.2. Respondent No. 5, Smt. Mewati was admittedly married to Sri Bhagwati and accordingly her name was registered in the family register of Sri Bhagwati. Sri Bhagwati expired in the year 1965. According to the petitioner, Smt. Mewati thereafter married another person known as Chauthi, as a result whereof her name was delated from the family register of Bhagwati by the Assistant Panchayat Development Officer, Mithaura, District Maharajganj. Subsequently an order dated 22nd April, 1981 was passed by the Assistant Panchayat Development Officer, Mithaura, District Maharajganj whereby the name of Smt. Mewati was again recorded as the wife of Sri Bhagwati in the family register.3. Petitioner claiming himsellf to be the real brother of Sri Bhagwati moved an application referable, to Rule 5 of the U.P. Panchayati Raj (Maintenance of Family Registers) Rule...
Smt. Santosh Mishra D/O Late Ram Sagar Pandey W/O Sri O.P. Mishra Vs. ...
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(3)AWC2597
S.N. Srivastava, J.1. Present Civil Revision has its genesis in the impugned order dated 11.1.2005 passed by Addl. District Judge (Court No. 3) whereby the application of the respondent for accepting the written statement in probate proceeding instituted for grant of probate under Section 217 of the Indian Succession Act had been allowed.2. It would appear from a perusal of the record that the applicant is the only issue of late Ram Sagar Pandey resident of village Tikari P.O. Babhani Hether Tahsil Meja District Allahabad who, it is alleged, had executed a Will on 2.11.2003 bequeathing all his properties in favour of the applicant. The aforesaid Ram Sagar Pandey, it brooks no dispute, was spirited away by death on 9.11.2003 and consequently, the applicant resorted to proceeding under Section 217 of the Indian Succession Act, 1925 for grant of probate. The defendants arrayed in the proceeding are aunt and great father of the applicant respectively and repudiated the genuineness or exist...
Balbhadra Pandey Vs. General Manager (N), Indian Telephone Industries ...
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(3)ESC1626
B.S. Chauhan, J.1. This writ petition has been filed by an Assistant Executive Engineer of the Indian Telephone Industries whose services stood terminated vide order dated 31st August, 1981 for a declaration that Clause (1) of Rule 36 of the Indian Telephone Industries (Conduct, Discipline and Appeal) Rules, 1975 (hereinafter referred to as the 1975 Rules) be struck down and the respondents be directed to pay the arrears of salary and other benefits to the petitioner with effect from 1st September, 1981.2. The termination order dated 31st August, 1981 was also challenged by the petitioner by filing Original Suit No. 83/1982, which was dismissed by the trial Court vide judgment and decree dated 10th March, 1986. First Appeal No. 10/95 filed before this Hon'ble Court against the said judgment of the trial Court was also dismissed by a detailed judgment and order dated 29.4.1998. The review petition filed by the petitioner against the said judgment was also rejected by this Court vide ord...
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