Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 160996 (ALL)

KULVIR SINGH v. SARDAR INDRAJEET SINGH

A227/5199/2025 · 2025-09-02

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5199 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner as well as Shri Amit Kumar Singh, learned counsel, who has filed his 'vakalatnama' today on behalf of the respondent, which is taken on record and perused the material brought on record. 2. The present petition has been filed by the petitioner challenging the order dated 14.05.2013, whereby, the application of the landlord filed under Section 21(1)(a) of U.P. Act No. 13 of 1972 was allowed, holding that the need alleged by the landlord was bonafide and on comparative hardship also, the findings were recorded against the petitioner. Thereafter, the petitioner preferred an appeal, which came to be dismissed on 23.12.2024, reiterating the findings with regard to primafacie case as well as comparative hardship, no material could be placed before this Court to indicate any infirmity with the findings of fact recorded before the courts below, which warrant no interference under Article 227 of the Constitution of India. 3. The present petition is, accordingly, dismissed. 4. However, counsel for the petitioner, seeks some reasonable time to vacate the premises as, the premises is a commercial shop. 5. The said request is opposed by the counsel for the respondent. 6. However, considering the fact that the petitioner is running a commercial establishment for more than 23 years, is granted one year time to vacate the premises, subject to the petitioner execute an undertaking in the form of written affidavit before the trial court within a period of three weeks from today, undertaking to vacate the premises on or before 30th September, 2026 Versus Counsel for Petitioner(s) : Virendra Mishra, Shradha Mishra Counsel for Respondent(s) : Amit Kumar Singh Kulvir Singh .....Petitioner(s) Sardar Indrajeet Singh .....Respondent(s) and to handover the physical and vacant possession to the landlord and to no one else. 7. In the event, such an undertaking is filed within a period of three weeks from today, the eviction shall not be carried out till 30.09.2026. However, in case, an undertaking is not filed within the time, as directive above, the execution shall take place and shall be concluded positively within a period of three months. 8. The outstanding rent, as directed by the appellate court paid and upto December, 2024, shall be paid by the petitioner up to date within a period of one month from today, in the event of default of payment in paying the outstanding amount, the protection granted by this order shall come to an end. September 2, 2025 Praveen A227 No. 5199 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench