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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 21(1)(a) of U.P Act 13 of 1972
  • Article 226 of the Constitution
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 21(1)(a) of U.P Act 13 of 1972
  • Article 226 of the Constitution

    Sadan Gopal Gautam v. Sushila Devi And Others

    Order

    1. None appears for the respondents, though served. Leave granted.

    2. An eviction suit came to be decreed by the trial court in favour of the landlady. The decree was set aside by the first appellate court. Aggrieved by the reversal of the decree, the landlady filed a writ petition in the Allahabad High Court, being Civil Miscellaneous Writ Petition No. 8390 of 1983. It may be stated that the landlady had filed an application under Section 21(1)(a) of U.P Act 13 of 1972 for release of the shop in question.

    3. Pending the writ petition, the learned Single Judge increased the rent from Rs 100 to Rs 1000. There is no basis for such increase.

    4. We have repeatedly held that in eviction proceedings, it is not open to the High Court even under Article 226 of the Constitution to increase the rent without any basis, without any valuation report and without any such claim being made in the suit. This is one more case in which the High Court has persisted in passing orders which are totally arbitrary in the matter of fixation of rent.

    5. For the aforestated reasons, the impugned order is set aside. However, we request the High Court to expeditiously hear and dispose of the landlady's writ petition. The civil appeal is disposed of accordingly.

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    Sadan Gopal Gautam v. Sushila Devi And Others
    (Oct 20, 2008)