SHAHZEB KHAN AND ANOTHER v. ADDL. DISTRICT JUDGE,COURT NO.15,LKO./RENT TRIBUNAL,LKO. AND 3 OTHERS
WRIA/5487/2024 · 2025-01-10
Pankaj Bhatia
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 148968 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148968 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1968 Court No. - 7 Case :- WRIT - A No. - 5487 of 2024 Petitioner :- Shahzeb Khan And Another Respondent :- Addl. District Judge,Court No.15,Lko./Rent Tribunal,Lko. And 3 Others Counsel for Petitioner :- Shivendra Singh,Amresh Bahadur Singh,Anand Kumar Singh,Mayank Pandey Counsel for Respondent :- Anurag Srivastava,Kabir Ahmad Khan Hon'ble Pankaj Bhatia,J. Heard learned counsel or the petitioner, Shri Anurag Srivastava and Shri Shivendra Singh, learned counsels for the respondents. The present petition has been filed challenging the order dated 06.11.2023, a copy of which is annexure 1 to the writ petition, whereby the appellate court as pre-condition for stay has
directed the petitioner to pay rent @ 10000 per month. The contention of learned counsel for the petitioner is that in terms of mandate of Section 35 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, no such power is vested with the appellate court of enhancing the rent. He further, based upon instructions, states that the amount of Rs 3000/- per month would be fair and reasonable rent. The said contention is opposed by learned counsel for the respondents by arguing that the shop is located in busy commercial area and the rent has been rightly fixed. Considering the mandate of Section 35 of the Act, 2021 there has been no specific power vested in the trial court to enhance the rent as a condition of stay. The present petition is disposed of directing the appellate court to decide the Misc Civil Appeal No. 146 of 2023 without giving any unnecessary adjournment to any of the parties within a period of six months. The petitioner is directed to pay an amount of Rs. 3,000/- per month from the date of filing of appeal till the actual orders are passed in the appeal. The amounts as directed above shall be paid by the petitioner within a period of one month from today.
Order Date :- 10.1.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench