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MANISH MATHUR
Mohd. Zubair – Appellant
Versus
Additional District Judge Court No. 13 Lucknow – Respondent
| Table of Content |
|---|
| 1. petitions filed under article 227. (Para 1 , 2) |
| 2. background on landlord-tenant agreements. (Para 5 , 6) |
| 3. arguments regarding lack of reasoning in orders. (Para 9 , 10 , 11) |
| 4. reference to prior case law. (Para 12 , 14) |
| 5. landlord's claims regarding composite tenancy. (Para 13 , 19 , 20) |
| 6. discussion on application conformity with legal standards. (Para 21 , 22 , 28) |
| 7. discretion in tenant applications under relevant provisions. (Para 25 , 29) |
| 8. final determination of application validity. (Para 30 , 34) |
| 9. conclusion: petitions dismissed. (Para 35) |
JUDGMENT
Manish Mathur, J.
These petitions under Article 227 of the Constitution of India have been filed by tenant challenging order dated 19.04.2008 whereby applications under Order XV Rule 5 of the Code of Civil Procedure have been allowed while rejecting application preferred by tenant under Section 20 (4) of U.P. Act No.XIII of 1972 in one of the cases. Revisional orders dated 20.01.2014 are also under challenge in both petitions.
2. Since both the said petitions have been consolidated and pertain to the same cause of action, they are being decided by means of a common judgment.
3. Heard. Mr. Mohd. Arif Khan, lear
Point of Law : The provisions under Order XV Rule 5(2) provides a locus poenitentiae to the defaulting tenant to make a representation, which must be made within ten days of the first hearing or with....
The court emphasized that the discretionary power under Order XV Rule 5 of the CPC must be exercised judiciously, particularly in cases of non-payment of rent, reflecting the parties' conduct.
Sufficient deposits under Section 20(4) allow a tenant to maintain defense against eviction; compliance with procedural requirements of Order 15 Rule 5 can be rectified without voiding statutory prot....
The court held that excess rent payments negate claims of default, emphasizing judicial discretion in striking off defenses under Order XV Rule V of C.P.C.
Strict compliance with statutory provisions for rent deposits is mandatory; failure to comply invalidates the deposit and can lead to eviction.
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....
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