SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(All) 1694

SUDHIR AGARWAL
Kabita Mukharjee – Appellant
Versus
Pinky Mookarjee and Others – Respondent


S.K. Purwar, K.N.Shukla, R.C.Singh, Sudhakar Upadhyaya, Advocates, for the petitioner
B.N. Asthana, B.N. Singh, Raj Kumar, H. K. Asthana, C.S.C., for the respondents.

Hon'ble Sudhir Agarwal,J.

1. Heard Sri R.C. Singh, Advocate, for petitioner; and Sri Raj Kumar, Advocate, for respondents 1 and 2.

2. Writ petition is directed against the revisional order dated 23.2.2010 passed by Addl. District Judge, Varanasi, preferred against the Rent Control and Eviction Officer's (hereinafter referred to as "RCEO") orders dated 1.10.2004, 13.4.2005 and 30.7.2005. The revisional Court has allowed the revision and setting aside the order dated 30.7.2005, has directed the RCEO to proceed afresh on the mater of release of accommodation to the owner of the premises in question.

3. Learned counsel for petitioner raised two arguments. Firstly that the revision itself was not maintainable and in this regard placed reliance on a Full Bench judgement of this Court in Gopal Dass and another Vs. 1st Addl. District Judge, Varanasi and others 1987 (1) ARC 281.

4. Secondly he submitted that arguments advanced by petitioner have not been considered by Revisional Court and, therefore, impugned order is liable to be set aside.

5. In my view non of the submissions deserve to sustain. However, to elaborate on the above two aspects, it would first be necessary to have certain relevan






















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top