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2025 DAILYLAW 138042 (ALL)

LKO UNIVERSITY DELEGACY THRU. VICE CHAIRMAN v. VYOMKESH PRASAD SINGH

A227/2455/2023 · 2025-09-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 2455 of 2023 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri S.M. Singh Royekwar, assisted by Shri Sumeet Tahilramani, learned counsel for the petitioner, and Shri Alok Kumar Tripathi and Shri Anurakt Singh, learned counsel who appear for the respondents. 2. This petition has been filed challenging the order dated 22.01.2020, whereby the suit for ejectment and arrears of rent was decreed in favour of the landlord, as well as the order dated 05.04.2022, whereby the revision was dismissed. 3. From a perusal of the judgments, it is clear that the Judge, Small Cause Court (J.S.C.C.) made five points of determination. With regard to the first point, concerning the existence of a landlord-tenant relationship, the issue was decided based on an appreciation of evidence and the fact that rent was paid up to February 2010. The other issues were also decided against the petitioners. The petitioners' claim that they were the owners of the premises by virtue of a will executed in their favour was not supported by the production of the said will. Accordingly, findings of fact were recorded regarding the relationship of landlord and tenant. It is also stated that the premises have already been vacated. 4. Learned counsel for the respondent states that he would not be pressing the decree for arrears of rent. 5. Accordingly, no interference is called for except that the decree for Versus Counsel for Petitioner(s) : S M Singh Royekwar Counsel for Respondent(s) : Alok Kumar Tripathi, Anurakt Singh Lko University Delegacy Thru. Vice Chairman .....Petitioner(s) Vyomkesh Prasad Singh .....Respondent(s) arrears of rent shall be set aside, and the decree with regard to ejectment shall stand affirmed. 6. With the aforesaid, this petition stands disposed of. September 18, 2025 Haseen U. A227 No. 2455 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench