Allahabad Court March 2006 Judgments
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Smt. Zohra and ors. Vs. Ivth A.D.J. and ors.
Court: Allahabad
Decided on: Mar-27-2006
Reported in: 2006(3)AWC2309
S.U. Khan, J.1. This is tenants' writ petition arising out of suit for eviction on the ground of default and for recovery of arrears of rent. The suit was filed by Radha Rani, the original landlady, who died during pendency of the suit and was survived by her legal representative, respondent No. 3. In the plaint of the suit (S.C.C. Suit No. 359 of 1979) it was pleaded that rate of rent was Rs. 15/-per month and tenants had not paid rent since 1.1.1976. Tenants pleaded that rate of rent was Rs. 10/- per month and rent till August, 1978 had been paid by their predecessor-in-interest who died in August, 1978. Both the courts below have accepted the version of the tenant in this regard. The courts below have held that rate of rent was Rs. 10/- per month and rent had been paid till August, 1978. Tenants further pleaded that seven months rent from September, 1978 to March, 1979 was sent through money order to the original landlady but the same was refused by her. This version was not accepte...
Hotilal Sharma Vs. Sub Divisional Magistrate and ors.
Court: Allahabad
Decided on: Mar-27-2006
Reported in: 2006(3)AWC2306
S.U. Khan, J.1. First writ petition is directed against the order dated 15.11.1991 passed by Rent Control and Eviction Officer/Sub Divisional Magistrate, Mant district Mathura in the case of Anil Kumar Agarwal v. Mor Mukut Sharma and two Ors.. Through the said order house in dispute viz. House No. 90A Govind Nagar Mathura has been declared vacant. However through the said order release application of the landlord under Section 16(1)(b) of the Act was also rejected after recording the finding that Rent Control and Eviction officer was not satisfied that landlord bonafidely required the same. Against order rejecting the release application landlord - Anil Kumar Agarwal filed civil (Rent Control) Revision No. 213 of 1991. District Judge, Mathura through judgment and order dated 21.1.1993 allowed the revision, set aside that part of the order dated 15.11.1991 passed by R.C.& E.O. through which release application had been rejected. District Judge further directed that in case writ petition...
Man Singh Son of Chohal Vs. Dharam Singh Son of Munshi Singh
Court: Allahabad
Decided on: Mar-27-2006
Reported in: 2006(4)AWC3453
S.N. Srivastava, J.1. This second appeal has been preferred assailing the judgment and decree dated 25.2.1987 in Civil Appeal No. 127 of 1980 passed by District Judge Saharanpur whereby he reversed the judgment and decree dated 29.2.1980 rendered by the trial court attended with the order of decreeing suit for cancellation of the Will dated 14,10.1976 (Ex. A-16) in O.S. No. 153 of 1978.2. The plaint allegations inter-alia are that one Munshi, resident of village Bailu Pargana Gangoh District Saharanpur who was the owner of the property in dispute, adopted the plaintiff and thereafter in order to scotch the possibility of future dispute, executed a Will on 1.10.1973 in his favour. The other defendants namely defendants 1 and 2 who are the sons of brother of Munshi, after gaining knowledge of execution of the Will, tried to abduct Munshi and ultimately succeeded in whisking him away on 29.9.1976 in respect of which an application was made to Superintendent of Police Saharanpur. The furth...
Naseem Ahmad Vs. District Judge and ors.
Court: Allahabad
Decided on: Mar-27-2006
Reported in: 2006(2)AWC1970
S.U. Khan, J.1. This is landlord's writ petition arising out of eviction/release proceedings initiated by him on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 against original tenant-respondent No. 2 Mewa Lal in the form of P.A. Case No. 4 of 1978 before the Prescribed Authority/Munsif Shahganj, Jaunpur, Property in dispute is double storied accommodation containing four Khani shop on the ground floor and four rooms on the first floor, which are being used by the tenants for residence. Original tenant Mewalal, respondent No. 2 has died and has been survived by legal representatives. In the release application tenant Mewalal filed written statement and pleaded that Naseem Ahmad was not the only landlord. In this regard reference was made to a suit which had been filed by some of the alleged co-sharers in which Naseem Ahmad was also a party, which was decreed exparte on 26.3.1982 (Original Suit No. 44 of 1971). It was also pleaded that two of the sons of origina...
Raghubir Singh Son of Ram Bahadur Singh Vs. 3rd Additional District Ju ...
Court: Allahabad
Decided on: Mar-27-2006
Reported in: 2006(2)AWC1948
S.U. Khan, J.1. This is tenant's writ petition arising out of SCC suit No. 305 of 1984 filed by landlord-respondent No. 3 Bachhan Babu for eviction on the ground of default and recovery of arrears of rent. Plaintiff filed copy of sale deed dated 31.10.1981 through which Ashok Kumar son of tenant-petitioner had purchased an accommodation in the same City. None of the parties led any oral evidence before the trial court and formal proof of documents filed by each of the parties was waived by the other party. Trial court/JSCC, Aligarh held that tenant had deposited the entire requisite amount of rent, interest and cost of the suit on the first date of hearing however, he was not entitled to the benefit of Section 20(4) of U.P. Act No. 13 of 1972 by virtue of its proviso. According to the said proviso a tenant who or any member of whose family has acquired in a vacant state any residential building in the same city then he shall not be entitled to benefit of Section 20(4) of the Act. The t...
Vidya Vachaspati Tripathi S/O (Late) Sri Sita Ram Tripathi Vs. State o ...
Court: Allahabad
Decided on: Mar-24-2006
Reported in: 2006CriLJ2593
R.C. Deepak and G.P. Srivastava, JJ.1. Heard Sri S.P. Singh, learned Counsel for the petitioner, learned A.G.A. for the State and perused the records.2. This is a petition whereby the petitioners claim compensation from the respondents on account of death of Uma Pati Tripathi, the son of petitioner Vidya Vachaspati Tripathi, Smt. Sushila, the widow and Kumari Guddi, minor daughter of the deceased in police custody.3. The facts giving arise to this petition are as under :4. The victim Uma Pati Tripathi was a graduate and he was employed as a teacher in Seth Kishori Lal Jalan Saraswati Shishu Mandir, Dagmapur, Mirzapur and was drawing Rs. 1500/- per month. He was also earning Rs. 2500/- per month towards private tuitions and was maintaining the petitioners / dependents. The misfortune of the petitioners began when the above-named victim was arrested on 13.2.1995 by the police near Septon Mill, Bhathua Chauraha, Mirzapur in connection with a case crime No. 109 of 1995 under Section 392 IP...
Vinit Panchori Son of Late Sri Bhagwan Swaroop Panchori Vs. State of U ...
Court: Allahabad
Decided on: Mar-24-2006
Reported in: [2006(109)FLR1099]
Rakesh Tiwari, J.1. The case has been taken up in the revised list. Heard Sri Sameer Sharma, learned Counsel for the U.P. State Road Transport Corporation, and the learned Standing Counsel.2. The petitioner has prayed for a writ in the nature of mandamus commanding the respondent No. 2 to give him appointment on the post of Conductor (Parichalak) in the respondent - U.P. State Road Transport Corporation on compassionate ground or issue any other writ, order or direction which this Court may deem fit and proper in the circumstances of the case.3. This writ petition has been filed praying for issuance of a direction to the General Manager, U.P. State Road Transport Corporation, respondent No. 2, to grant appointment to the petitioner on the post of Conductor.4. The case in nutshell is that the father of the petitioner was a conductor in the U.P. State Road Transport Corporation. He died in harness on 27.11.1989. The petitioner having got education up to Intermediate and attained majority...
Smt. Leela Bhanott (Since Deceased) Km. Kritika Bhanott and ors. Vs. P ...
Court: Allahabad
Decided on: Mar-24-2006
Reported in: III(2006)ACC500; 2007ACJ103; 2006(2)AWC1840
M.K. Mittal, J.1. These two appeals have been filed against the judgment and decree dated 19.8.1995 passed by Motor Vehicle Claims Tribunal, (Special/Addl. District and Sessions Judge), Aligarh (in short Tribunal) in Motor Accident Claim Petition No. 79 of 1982 Smt. Leela Bhanott v. Petrolube India and Ors. whereby it allowed the claim petition for an amount of Rs. 3,35,000/- with interest at the rate of 9% per annum against the opposite parties 1 to 3 with the direction that the Oriental Fire and General Insurance Company (hereinafter referred as Insurance Company) was liable to pay an amount of Rs. 50,000/- and balance was to be paid by opposite parties No. 1 and 3 jointly and severally. Since these two appeals arise against the same order they have been heard together and are being decided by a common judgment. Smt. Leela Bhanott and Kumud Khaitan died during the pendency of the appeals and their legal heirs are on record/have been substituted.2. Brief facts are that Smt. Leela Bhan...
Bimal Kumar Nopani S/O Late Mohan Lal Nopani Vs. State of Uttar Prades ...
Court: Allahabad
Decided on: Mar-24-2006
Reported in: III(2007)BC625; 2006CriLJ2611
Vinod Prasad, J.1. The applicant, who is the Chairman/Chief Managing Director of M/S Eastern Sugar & Industries Ltd. Motihari (Bihar), has prayed for quashing of complaint case number 437 of 2003 Ajai Bathwal v. Bimal Kumar Nopani And Ors. under Section 138 Of Negotiable Instruments Act 1881, herein after referred to as the Act, pending before Civil Judge (Jr. Div), Court No. 20, Gorakhpur against him, through this application. He has also prayed for stay of further proceeding of the aforesaid case pendent lite.2. On 29.4.03 the complainant Ajai Kumar Bathwal, respondent No. 2 filed a complaint in the court of Judicial Magistrate, Gorakhpur being complaint case number 437 of 2003, with the allegations that he is a resident of Betia Hata Police station Cantt, district Gorakhpur and is the proprietor of M/S Shyam Traders, Keshav Market, Golghar, Gorakhpur. Under business transactions he used to supply electrical goods, building materials, paints and other general goods to Eastern Sugar &...
Rajdhari Son of Late Dubhar Vs. Smt. Ranjana Gupta Wife of Sri Arun Ku ...
Court: Allahabad
Decided on: Mar-24-2006
Reported in: 2006(2)AWC1964
S.U. Khan, J.1. Petitioner claiming himself to be the tenant of the accommodation in dispute has challenged the order passed by R.C & E.O dated 28.2.2001 declaring the vacancy of the accommodation in dispute, subsequent order of R.C & E.O dated 31.8.2001 releasing the accommodation in dispute in favour of owner landlord Smt Ranjana Gupta and order dated 13.9.2001 passed by the District Judge dismissing the revision directed against earlier two orders of R.C & E.O. Proceedings before R.C & E.O/ACM (VI), Kanpur Nagar were initiated on the allotment application of Deshraj Singh respondent No. 2 and were registered as Case No. 66 of 2000 Deshraj v. Smt. Ranjana Gupta. Smt Ranjana Gupta landlady purchased the accommodation in dispute from its previous owner landlord in the year 1997. Accommodation in dispute consists of one room and a Verandah on the ground floor. According to the landlady and respondent No. 2 the accommodation in dispute was let out to Ram Dhari real brother of the petitio...
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