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SMT. SULOCHAHA versus VII A.D.J., SAHARANPUR & OTHERS

High Court of Judicature at Allahabad

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Smt. Sulochaha v. Vii A.D.J., Saharanpur & Others - WRIT - A No. 47790 of 2000 [2007] RD-AH 8474 (4 May 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble S.U. Khan, J.

After hearing the learned counsel for the applicant in detail, I do not find any ground to review my judgment dated 01.02.2007. Learned counsel has mainly argued that notice was not served upon all the legal representatives of original tenant-Heera Lal Jain. I considered this aspect in my judgment. Learned counsel states that the view of the Supreme Court taken in AIR 1995 SC 676 "Harish Tandon v. Addl District Magistrate, Allahabad, U.P." is applicable to those cases, where tenanted building is governed by some Rent Control Act. I do not agree that the view taken by the Supreme Court is applicable only to tenants of the buildings covered by Rent Control Act. The said view applies to all tenancies.

Accordingly, I do not find any merit in the review petition, hence it is dismissed.

Sri M.K. Gupta, learned counsel for the opposite party is also present in Court.

If the undertaking, which was required to be filed within one month and the amount, which was required to be deposited within one month under my judmgent and order dated 01.02.2007  is filed and deposited within 15 days from today, then it shall be deemed to have been deposited and filed within the time granted by the said judgment.

Date:04.05.2007

NLY/47790/00


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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