RAJEEV KUMAR PATHAK AND ORS. v. ADDITIONAL DISTRICT JUDGE COURT NO.6 LAKHIMPUR KHERI and ORS.
WRIA/25502/2017 · 2025-05-06
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116065 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116065 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26300 Court No. - 6 Case :- WRIT - A No. - 25502 of 2017 Petitioner :- Rajeev Kumar Pathak And Ors. Respondent :- Additional District Judge Court No.6 Lakhimpur Kheri And Ors. Counsel for Petitioner :- Syed Mohammad Abuzar Zaid,Mohd. Aslam Khan Counsel for Respondent :- Samarth Saxena,Vishwesh Pratap Singh Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners and Shri Samarth Saxena, learned counsel for respondent no.3.
2. Present petition has been filed challenging the order dated 17.12.2015 whereby the premises in question was released in favour of the landlord under Section 21(1)(a) of U.P. Act No.13 of 1972 as well as the appellate order dated 25.03.2017 whereby the appeal was dismissed.
3. Perusal of the two orders reveal that on the basis of bonafide need, the application was filed. Both the Courts below have recorded findings of fact with regard to the bonafide need as pleaded and established. The Courts below also considered the comparative hardship in between the parties and recorded a finding of fact that the hardship would be more in the case of the landlord than in the tenant.
4. Considering the findings of fact that have been recorded and that no material could be shown that the said finding is either perverse or arbitrary, no interference is called for.
5. Present petition is accordingly dismissed.
6. At this stage, learned counsel for the petitioner seeks some time to vacate the premises.
7. In view thereof, four months' time is granted to the petitioner to vacate the premises subject to the petitioner filing an affidavit in the form of an undertaking within a period of 15 days from today before the prescribed authority undertaking to vacate the premises on or before 30.09.2025 and to handover the vacant and physical possession to the landlord and to no one else.
8. In case the undertaking is not filed within the time prescribed, the execution shall proceed accordingly and shall be decided within a period of four months. Order Date :- 6.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench