ANAND GUPTA AND 3 ORS. v. ADDITIONAL DISTRCT and SESSION JUDGE COURT NO.5 BAHRAICH and ORS
WRIA/32592/2019 · 2025-05-06
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132826 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132826 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26459 Court No. - 6 Case :- WRIT - A No. - 32592 of 2019 Petitioner :- Anand Gupta And 3 Ors. Respondent :- Additional Distrct And Session Judge Court No.5 Bahraich And Ors Counsel for Petitioner :- Sudhir Kumar Misra,Alok Srivastava,Archana Mishra,Chandra Shekhar Azad,Gyanendra Nath,Hari Om Singh,Vikram Sonal Singh,Yogendra Nath Srivastava Counsel for Respondent :- Girish Chandra Sinha Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner and Sri G.C. Sinha,
learned Counsel for the respondent.
2. The present petition has been filed challenging the order dated 24.03.2018 whereby, the SCC Suit was decreed as well as the order dated 14.11.2019 whereby, the revision was also dismissed.
3. A perusal of the abovesaid two orders reveal that the findings of fact have been recorded by both the courts below specifically in respect of the default committed by the petitioner in payment of water tax.
4. Considering the findings of fact recorded by both the courts below, no interference is called for. The writ petition is dismissed.
5. The Counsel for the petitioner at this stage seeks some time to vacate the premises, to which, the Counsel for the respondent has no objection.
6. Considering the request of the Counsel for the petitioner, the petitioner is granted time upto 31.12.2025 to vacate the premises in question subject to the petitioner filing an undertaking in the form of an affidavit that he shall hand over the actual vacant and physical possession to the landlord and no one else within a period of 15 days from today.
7. The balance of decreetal amount, if any, shall also be paid within a period of one month from today.
8. The petitioner is also directed to pay the rent upto
31.12.2025.
9. In the event of default of filing an undertaking or payment of rent or payment of arrears of rent, if any, the respondent- landlord would be entitled to execute the decree by filing an appropriate application which shall be concluded positively within a period of four months from the date of filing of the application.
Order Date :- 6.5.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench