DR. BHANU PRAKASH VERMA v. SPECIAL/ADDL.DISTRICT JUDGE LAKHIMPUR KHERI AND ORS.
WRIA/22673/2018 · 2025-02-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161404 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161404 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12453
Court No. - 7 Case :- WRIT - A No. - 22673 of 2018 Petitioner :- Dr. Bhanu Prakash Verma Respondent :- Special/Addl.District Judge Lakhimpur Kheri And Ors. Counsel for Petitioner :- Mohammad Aslam Khan Counsel for Respondent :- D.P.Gupta,Shafiq Mirza Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri D.P. Gupta,
learned counsel for the respondent.
2. The present petition has been filed challenging the order dated 18.02.2015, whereby the J.S.C. suit was decided on account of non-payment of the rent. The J.S.C. court had not granted the benefit of Section 20(4) of the U.P. Act 13 of 1972 on the ground that the rent was not rendered before the first date of hearing and was given after about 15 years of the suit instituted. Against the said order, a revision was preferred, which was too dismissed.
3. Considering the finding of facts recorded that the petitioner applied to render the rent through an application dated 18.02.2014, whereas the first date of hearing of the suit was 12.03.1999, i.e., after about 15 years, no fault can be found with the findings that the rent was not offered before the first date of hearing and thus the benefit of Section 20(4) of the Act was not available to the tenant.
4. No good ground for interference is made out.
5. The petition is, accordingly, dismissed.
6. It is now argued by learned counsel for the petitioner that steps for compromise are going on.
7. It is made clear that the order passed by this Court will not come in the way of settlement, if any, in between the parties.
Order Date :- 28.2.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench