BRIJKISHORE PAL v. ANIL KUMAR CHATURVEDI AND 4 OTHERS
A227/7965/2026 · 2026-09-07
Y K Srivastava
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5771 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5771 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 7965 of 2026 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Gopal Ji Khare, learned counsel for the petitioner and Sri Anshu Chaudhary, learned counsel appearing for the respondents. Present petition has been filed, seeking to assail an order dated 20.8.2025 passed by the Rent Authority/Additional District Magistrate (Finance & Revenue), Jalaun at Orai, in Case No.347 of 2025 (Anil Kumar Chaturvedi & Others Vs. Brijkishore Pal & Others), and the subsequent order dated 20.4.2026, passed by the Additional Judge, Court No.1, Jalaun at Orai/Rent Tribunal, in Rent Appeal No.11 of 2025 (Anil Kumar Chaturvedi Vs. Brijkishore Pal and Others). The orders impugned have been passed in proceedings under Section 4(7) of the U.P. Act No.16 of 2021 and in terms thereof, a direction has been issued for eviction of the petitioner-tenant and for payment of arrears of rent. Counsel appearing for the petitioner, after making submissions to some extent, has not been able to dispute that the orders impugned are based on appreciation of facts and the material available on record and, that there is no patent error or illegality in the orders, which may persuade this Court to exercise its supervisory jurisdiction under Article 227 of the Versus Counsel for Petitioner(s) : Ankit Singh, Dileep Kumar, Gopal Khare Counsel for Respondent(s) : Anshu Chaudhary Brijkishore Pal .....Petitioner(s) Anil Kumar Chaturvedi And 4 Others .....Respondent(s)
Constitution of India. Learned counsel, however, seeks an indulgence, praying for an additional time upto 31st March, 2027 to vacate the premises in question. Counsel appearing for the respondents, on instructions, submits that he has no objection to the prayer so made by the petitioners.
Having regard to the aforesaid and in view of the request so made by counsel for the petitioners, while dismissing the petition, this Court grants time upto 31st March, 2027, to the petitioner to vacate and handover peaceful possession of the premises in question, to respondents-landlords, subject to the following conditions: (i) The tenant petitioner shall file an undertaking before the Additional District Magistrate (Finance & Revenue), Jalaun at Orai, to the effect that he shall handover peaceful possession of the premises in question, to the respondents-landlords on or before 31st March, 2027; (ii) The said undertaking shall be filed within a period of two weeks from today; and (iii) The tenant-petitioner shall deposit the entire rent arrears as per the terms of the judgment dated 20.8.2025 passed by the Rent Authority/Additional District Magistrate (Finance & Revenue), Jalaun at Orai, in Case No.347 of 2025 (Anil Kumar Chaturvedi & Others Vs. Brijkishore Pal & Others), after adjusting the amount, if any, already deposited, within two weeks from today. (iv) The tenant-petitioner shall also regularly deposit a monthly amount of Rs. 4,000/- towards 'use and occupation charges', as agreed by counsel for the parties, by the 7th day of each month, during the period of extended occupation, starting from the A227 No. 7965 of 2026 2
month of October, 2026. It is made clear that in the event of default in compliance of any of the aforesaid conditions, the protection granted by this Court, shall stand vacated automatically and it shall be open to the respondents-landlords to seek enforcement of the order passed in the rent case, in accordance with law. Subject to the aforesaid directions, the petition stands dismissed. (Dr. Yogendra Kumar Srivastava,J.) September 8, 2026 Arun K. Singh A227 No. 7965 of 2026 3
Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad