SMT. TANVEER FATIMA THRU. POWER OF ATTRONEY HOLDER SMT. SABA AHMED v. SRI JASVEER SINGH AND ANOTHER
A227/6213/2025 · 2025-10-28
Jaspreet Singh
body2025
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[ 2025 DAILYLAW 203835 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 203835 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6213 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J.
1. Heard learned counsel for the petitioner.
2. By means of the instant petition, the petitioner seeks modification of an
order dated 04.09.2025, passed by the Additional District Judge/(Special Judge), Court No.4 (Prevention of Corruption Act), Lucknow, whereby while entertaining a rent appeal, the Appellate Court has granted an interim order with a condition that the private-respondent/tenant would pay a sum of Rs.10,000/- per month during the pendency of the appeal.
3. The submission of the learned counsel for the petitioner is that once the tenancy had been terminated and an order of eviction had been passed by the Prescribed Authority, the appeal, if any, could have been entertained subject to directing the tenant to deposit the damages for the pendency of the appeal which should be akin to the market value and in the instant case at least Rs.20,000/- per month should have been awarded, however, the appellate Court has only granted a sum of Rs.10,000/-, hence, the need for modification.
4. A specific query was put to the learned counsel for the petitioner as to what is the material placed before the Appellate Court which could give a clear idea regarding the prevailing market rent, however, in response, the petitioner has referred to Annexure No.5 which appears to be a photocopy of the rent agreement relating to the area in question dated 01.02.2020. Apparently, the said document being insufficiently stamped and even if Versus Counsel for Petitioner(s) : Pritish Kumar, Abhijeet Singh Counsel for Respondent(s) :
Smt. Tanveer Fatima Thru. Power Of Attroney Holder Smt. Saba Ahmed .....Petitioner(s) Sri Jasveer Singh And Another .....Respondent(s)
placed before the Appellate Court may not be true indicator of the prevailing rentals.
5. Even before this Court, there is no clear material on record to determine or to ascertain as to the prevailing market rent.
6. Be that as it may, the appellate Court had already granted an interim
order subject to the condition. In case, if there is any grievance, it will be open for the petitioner to move an application before the appellate Court which needless to say, which shall consider and decide on its own merits in accordance with law, however, this Court is not inclined to entertain the petition, which is accordingly dismissed.
7. It is made clear that the Court has not examined the case of either of the parties on merits and the case if the rent appeal is argued, the same shall be heard and decided by the Court concerned on its own merits. October 28, 2025 Rakesh/- A227 No. 6213 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench