Court : Allahabad
Decided on : Jan-06-1977
Reported in : AIR1977All296
ORDERD.N. Jha, J. 1. This writ petition has been directed by Syed Mohd. Idris challenging the order passed by the Judge, Small Causes Court, Lucknow, dated 13-3-1973 contained in Annexure 3 and the order dated 21-3-1975 passed by the 1st Additional District Judge, Lucknow, contained in Annexure 4. 2. In brief the facts are that house No. 6 situate in Mohalla Chirendhapurwa near Baisi Ki Masjid, Lucknow, of which the petitioner is the tenant was formerly owned by one Smt. Nasim Bano and her husband Shri Zahoor Ahmad (hereinafter to be referred as the original landlord). The original landlord obtained a permission under Section 3 of the old U. P. (Temporary) Control of Rent and Eviction Act (U. P. Act III of 1947) for permission to file a suit for ejectment of the petitioner on the ground that they were not keeping good health and have been medically advised to shift in the upper storey which was in the occupation of the petitioner. The permission was granted to them and in pursuance of ...
Tag this Judgment!Court : Allahabad
Decided on : Jul-06-1977
Reported in : AIR1978All376
M.P. Mehrotra, J.1. This is the defendant's second appeal arising out of a suit for the tenant's eviction filed by the landlord after determining the former's tenancy. The brief facts are these: The plaintiff claimed to be the owner of premises No. 3648-E situated at Sultanganj, Agra whose details are set out in the plaint. It was contended that in the said premises the defendant was the tenant of a thatched Kotha on behalf of the plaintiff. The tenancy also included Sahan on the eastern side of the Kotha. It was a monthly tenancy and the month of tenancy started from the 1st day of each English calendar month. The monthly rent was four annas per month. It was further alleged that the defendant effected material alterations and he encroached upon the plaintiffs land on the eastern side by putting another shed and by opening another door towards the west of the said premises. By a notice dated 6th July, 1961, which was served on the defendant on 18th July, 1961, the plaintiff determined...
Tag this Judgment!Court : Allahabad
Decided on : May-17-1977
Reported in : AIR1977All476
T.S. Misra, J. 1. This appeal by plaintiff arises out of a suit filed for ejectment of the defendants from the premises in question and for recovery of arrears of rent and damages. The plaintiff claimed himself to be the landlord of the house and alleged that the defendants 1, 2 and 3 were his tenants therein at the rate of Rs. 5/- per month. The plaintiff filed an application for permission to file a suit, of eviction of the defendants. That application was opposed by the defendants a, 2 and 3 was allowed on 20-7-1968. A revision filed against that order was dismissed by the Additional Commissioner, Lucknow. The plaintiff, after obtaining the requisite permission, sent a notice to defendants 1 to 3 determining their tenancy. That notice was despatched by post under registered cover on 30-7-1968 which, according to the plaintiff, was refused by the said defendants and was, therefore, returned to the plaintiff as refused. The plaintiff, thereafter gave another notice dated 27-8-68 to th...
Tag this Judgment!Court : Allahabad
Decided on : Jan-18-1977
Reported in : AIR1977All239
M.P. Mehrotra, J. 1. This appeal arises out of a suit under Order XXI, Rule 103, C.P.C. The brief facts are these: The house in dispute was owned by one Abdul Ghani and the plaintiff-appellant, Mohd. Mustafa purchased it on 10th June, 1959. The house was in the tenancy of one Ghissu who was admittedly dead on 10th June, 1959 when the house was purchased by the plaintiff. Ghissu's four sons and his widow were in possession ofthe house. They were impleaded as the five defendants in the suit. The plaintiff, while purchasing the said property on 10th June, 1959, had also obtained the right to realize certain arrears of rent which were said to be due to the landlord from the tenants. On 14-9-1959 the plaintiff sent a notice addressed to the four sons of Ghissu requiring them to pay arrears of rent and determining their tenancy. The said defendants, however, neither paid the rent nor vacated the premises. Therefore, the plaintiff filed original suit No. 44 of 1960 against the said four sons ...
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-1977
Reported in : 1977CriLJ845
K.G. Agarwal, J.1. This is an application under Section 482 Criminal P.C. for reviewing the judgment of this Court passed by me on 14-12-1976, rejecting the criminal revision filed by the applicant in limine.2. Sri B.P. Gupta, learned Counsel appearing for the applicant in this case, urged that as the Magistrate did not comply with the procedure prescribed by Section 248 of Chapter XIX of the Criminal Procedure Code, 1973, therefore, the sentence awarded to the applicant was illegal and was liable to be quashed. The material portion of Section 248, on which reliance was placed by the learned Counsel for the applicant, in support of his submission, is quoted below:(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of Section 325 or Section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.3. Admittedly, in the instant case the applicant was ...
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