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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ajit Kumar,J.
Shreeram Yadav – Appellant
Versus
Sanjay Mall – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Vishnu Gupta, learned Senior Advocate assisted by Sri Shiv Om Vikram Singh Chauhan, learned counsel for the petitioner and Sri O.P. Singh, learned Senior Advocate assisted by Sri Sushil Kumar Mishra, learned counsel for the respondents.
2. By means of this petition filed under Article 227 of the Constitution, petitioner has assailed the order passed by the Prescribed Authority dated 29.11.2024 by means of which his amendment application in the written statement/ objection filed by him against the release application has come to be rejected.
3. Admittedly the case was instituted in 2017 and the landlord who has applied for release becomes owner of the property by virtue of sale deed dated 30.11.2013. The question sought to be raised by the tenant/ petitioner is that a person who steps into the shoes of owner of the property by virtue of sale deed in respect of undivided property only becomes entitled to a share of the property only and cannot have possessory rights qua such property. He has placed reliance upon a judgment of Supreme Court in the case of Gajara Vishnu Gosavi v. Prakash Nanasaheb Kamble & Others, (2009) 10 SCC 654 in which Court has
A tenant cannot object to a co-owner's release application, as possession of one co-owner is deemed possession of all, reaffirming established legal principles.
Landlord and tenant relationship - Court do not find any good ground to entertain present petition on ground of tenant and landlord relationship in present case between parties and that it requires a....
A tenant cannot evade a release application by claiming co-ownership after purchasing property; the landlord-tenant relationship must be maintained under the Rent Control Act.
Tenancy rights devolve on heirs as joint tenants, making release applications maintainable against all heirs despite specific pleadings.
The central legal point established in the judgment is the importance of genuine need of the property for bona fide personal use, the availability of alternative accommodation for the tenant, and the....
A tenant waives the right to contest the maintainability of a release application if objections are not raised timely, and the landlord's need for the property is determined to be bona fide.
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