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SARAL SRIVASTAVA
Shashi Sinha – Appellant
Versus
Sangam Educational Society, Allahabad – Respondent
JUDGMENT :
Saral Srivastava, J.
1. Heard Sri Pankaj Agarwal, learned counsel for the petitioners, and Sri Atul Dayal, learned Senior Advocate assisted by Ms. Pooja Agarwal, learned counsel for the respondents and perused the records.
2. The petitioners, who are tenants, through this petition under Article 227 of the Constitution of India have assailed the judgment and decree dated 22.11.2016 passed by the Additional Civil Judge (Senior Division), Court No. 13, Allahabad by which the learned Judge has decreed the S.C.C. Suit No. 64 of 2010 instituted by respondent no.1- Sangam Educational Society and the judgment and order dated 10.1.2019 passed by the Additional District and Sessions Judge, (F.T.C.), Court No. 20, Allahabad in S.C.C. Revision No. 14 of 2016.
3. The facts in brief are that respondent no.1-Sangam Educational Society instituted Suit No. 64 of 2010 praying for a decree of eviction of the petitioners from the premises i.e. portion of House No.2 (old), 11 (New), Malviya Road, Allahabad (hereinafter referred to as 'the suit property'). The case in the plaint was that respondent no.1 purchased the suit property by a registered sale deed dated 7.8.2001.
4. It is stated that resp
The interpretation of statutory language can be flexible to achieve legislative intent, as seen in the reading of 'and' as 'or' in Section 2(1)(f) of the Uttar Pradesh Act No. 13 of 1972.
The burden of proof lies with the petitioners to establish the non-applicability of the Uttar Pradesh Act No.13 of 1972, and estoppel does not apply against statutory provisions.
The interpretation of 'first hearing' under Section 20(4) of the Uttar Pradesh Urban Building Act is critical in determining tenant rights, emphasizing the need for evidence regarding the nature of p....
The expiration of a fixed term tenancy and the failure to prove the right of construction led to the defendant's status as a tenant at sufferance, overriding the claimed immunity from eviction under ....
Admissions in pleadings regarding the construction date of a building preclude the applicability of the U.P. Urban Buildings Act, leading to lawful eviction of the tenant.
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