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2025 DAILYLAW 15463 (ALL)

RATAN YADAV AND ANOTHER v. ADDITIONAL DISTRICT JUDGE AND 2 OTHERS

WRIA/1504/2025 · 2025-02-07

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17938 Court No. - 4 Case :- WRIT - A No. - 1504 of 2025 Petitioner :- Ratan Yadav And Another Respondent :- District Judge Court No. 2 / Rent Tribunal And 2 Others Counsel for Petitioner :- Raj Kishore Dubey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Dheeraj Singh, learned Advocate holding brief of Sri Raj Kishore Dubey, learned counsel for the petitioners. By means of this petition filed under Article 226 of the Constitution, petitioners want disposal of their pending rent appeal filed under Section 35 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. It is submitted further on behalf of the petitioners that though the order passed by the rent authority is for enhancement of rent by entering into a fresh agreement @700 per square meter for the land area admeasuring 18.58 square meters, petitioners undertake to deposit some amount as there is no order or decree for paying rent unless and until such agreement is reached. Considering the over all facts of the case and also to balance equity between the parties, I dispose of this petition with direction that the petitioners at the first instance shall deposit Rs. 10,000/- per month w.e.f. month of November 2024 and in the event they make a deposit within 15 days from today, Rs. 40,000/- for the months of November 2024, December 2024, January 2025 and February 2025 and then continue to deposit Rs. 10,000/- per month from the month of March 2025 on every 7th day of each month, he shall not be liable to eviction pursuant to the order passed by the rent authority dated 09.10.2024 until disposal of his stay application by the appellate Tribunal. The endeavour of the appellate Tribunal would be to dispose of the stay application pending appeal within a maximum period of one month of production of certified copy of this order after recording satisfaction regarding service of summons upon the opposite parties. It is further clarified that the amount to be deposited by the petitioners shall not be liable to be released in favour of the landlord/ respondent except the amount of admitted rent which he has been paying, unless otherwise agreed between the parties for more amount to be released. It is further provided that the endeavour of the Tribunal would be to dispose of the pending appeal within the statutory period prescribed under Section 35(2) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 after giving full opportunity of hearing to both the parties. However, it is clarified that in the event petitioners fail to comply with the directions of this Court in terms of deposit of money as directed above, the interim protection granted under this order shall cease to operate and the landlord will be entitled to pursue the order dated 09.10.2024 and get it enforced in accordance with law. With these observations and directions, this petition stands disposed of. Order Date :- 7.2.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad