Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 40460 (ALL)

MOHD RIYAZ ALIAS ANOTHER v. SMT. SHAKEELA KHAN

A227/3592/2025 · 2025-04-28

Neeraj Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:66351 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3592 of 2025 Petitioner :- Mohd Riyaz Alias Another Respondent :- Smt. Shakeela Khan Counsel for Petitioner :- Sanjay Kumar Nigam Hon'ble Neeraj Tiwari,J. 1. Supplementary affidavit filed today be taken on record. 2. Heard learned counsel for the applicant. 3. Present petition has been filed for setting aside the impugned order dated 4.3.2025 passed by ADJ, Court No.9, Kanpur Nagar in Rent Appeal No. 152 of 2024. 4. Learned counsel for the petitioner submitted that earlier respondent plaintiff has filed rent case under Section 21(1) (b) of U.P. Act No.13 of 1972 on the ground that property in question is in dilapidated condition, which was allowed vide order dated 20.10.2023. Against the said order, petitioner-defendant has preferred Rent Appeal No. 152 of 2024. For the purpose of valuation, learned Additional District Judge, Kanpur Nagar has sought report from the Sub Registrar, Kanpur Nagar and in turn he has submitted report of valuation with the finding that one room having area of 12.96 sq.mt. is having rcc slab. Based upon which, petitioners have filed an application under Section 151 CPC for fresh report from the Civil Engineer about the property in question. The said application was rejected vide order dated 4.3.2025. He pointed out that once the report of Sub Registrar is contrary, it is required on the part of Court to obtain fresh report, therefore, impugned order is bad and liable to be set aside. 5. I have considered the rival submissions advanced by the learned counsel for the parties and perused the record. From perusal of the impugned order, it is apparently evident that Appellate Court has rightly observed that Sub Registrar is not technical expert and it is only required on his part to submit report about the valuation of property as he is having no authority to observe that condition of property in question is dilapidated or not and for that evidence is already available on record which may be considered by the Appellate Court. Therefore, this Court is also of the same view that duty of Sub Registrar is only confined to submit report about the valuation of property nothing beyond that and any report about the status of house in question is having technical value cannot be accepted. Even in written submission, it is not the case of petitioner that house in question is having rcc slab, therefore, finding of Appellate Court is absolutely correct and impugned order is bad and liable to be set aside. 6. Accordingly, petition lacks merit and is dismissed. No order as to costs. Order Date :- 29.4.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad