SURESH KUMAR AND 3 OTHERS v. LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE COURT NO. 8 LKO. AND 5 OTHERS
A227/33/2025 · 2025-08-26
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114866 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114866 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 33 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Heard the counsel for the petitioner and Sri Upendra Kumar Sagar the counsel for the respondents. 2. The present petition has been filed by the petitioners, who are the landlord, challenging the order dated 22.12.2015 passed in Rent Appeal No.18 of 2020 whereby the appeal preferred by the tenant was allowed as well as the judgement and order dated 19.07.2024 whereby the review application preferred by the petitioner was dismissed. 3. The facts, in brief, are that the petitioners, claiming to be the landlord of the premises in tenancy, moved an application under section 21(1)(a) of the U.P. Act No.13 of 1972 seeking release of the premises under tenancy. The said release application came to be allowed vide judgement dated 26.02.2010. Aggrieved against the said judgement, a Rent Appeal No.18 of 2010 was preferred by the tenant in which the preliminary contention of the tenant was that as the premises is situate within the cantonment limits, the provisions of U.P. Act no. 13 of 1972 were not applicable. Deciding the issue in favour of the petitioners, the appeal was allowed and the judgement dated 26.02.2010 was set aside. The petitioners landlord preferred a review application seeking review of the appellate order, which came to be dismissed vide judgement dated
19.07.2024. 4. The neat submission of the counsel for the petitioners is that the issue Versus Counsel for Petitioner(s) : Anurag Srivastava, Kabir Ahmad Khan Counsel for Respondent(s) : Upendra Kumar Sagar Suresh Kumar And 3 Others .....Petitioner(s) Learned Additional District And Sessions Judge Court No. 8 Lko. And 5 Others .....Respondent(s)
with regard to the applicability of the U.P. Act No.13 of 1972 in the premises which are situate within the cantonment limits, was considered by this Court in Writ-A No.1000115 of 2011 (Anil Agarwal vs. Incharge District Judge, Lucknow and others) decided on 14.05.2025. 5. Considering and following the said judgement, both the impugned orders dated 22.12.2015 and 19.07.2024 cannot be sustained and are quashed. The matter is remanded to the appellate authority to decide the matter on other issues in accordance with law within a period of six months.
August 26, 2025 VNP/- A227 No. 33 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench