SHIV PRASAD v. RENT TRIBUNAL DISTRICT JUDGE AND 2 OTHERS
WRIA/7193/2023 · 2025-07-09
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160422 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160422 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39104 Court No. - 7 Case :- WRIT - A No. - 7193 of 2023 Petitioner :- Shiv Prasad Respondent :- Rent Tribunal District Judge And 2 Others Counsel for Petitioner :- Sudeep Kumar,Avdhesh Kumar Pandey Counsel for Respondent :- Saurabh Pathak,Shailesh Kumar Pathak Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and perused the record.
2. The present petition has been filed by the petitioner challenging an order dated 25.08.2023, whereby the appeal preferred by the petitioner against the order dated 09.12.2022 was held to be not maintainable. The said being an interlocutory
order.
3. The contention of the counsel for the petitioner that on an application filed by the respondent landlord under Section 21(3) of the U.P. Tenancy Act, 2021. An interlocutory order was passed directing the payment of double the rent along with 9% interest till the vacation of the shop in question. Submission of the counsel for the petitioner that said order could not have been passed in proceedings under Section 21. It is however stated that an amount of Rs.165903/- has been deposited after the passing of the order dated 09.12.2022.
4. Considering the fact that the petitioner has deposited the substantial amount, the present petition is disposed of holding that the directions for deposit of the enhanced rent vide order dated 09.12.2022 shall remain stayed with directions upon the respondent no. 2 to pass final order on the application under Section 21(3) positively within a period three months from today. It is made clear that no adjournments shall be granted
to the petitioner or the respondent. In case, petitioner seeks any adjournment, a cost of Rs.5000/- per adjournment shall be levied on the petitioner.
5. Senior Registrar of this Court is directed to communicate this order to the respondent nos. 2 & 3 for its compliance.
Order Date :- 9.7.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench