High Court of Judicature at Allahabad
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Abdul Haq v. D.J., & Others - WRIT - A No. 38158 of 2000  RD-AH 7913 (21 December 2005)
Civil Misc. Writ Petition No.2420 of 1988
Jai Pal Singh Versus VIII Additional District Judge, Bulandshahr and others.
Civil Misc. Writ Petition No. 38158 of 2000
Abdul Haque Versus District Judge, Bulandshahr and others
Hon'ble S.U.Khan J
List revised. Learned counsel for landlord is present. No one is present for the tenant.
It is admitted that in another proceeding under section 21 of U.P Act No.13 of 1972, eviction order was passed and in pursuance thereof tenant vacated the building in dispute and the possession is now with the landlord Abdul Haque.
First writ petition filed by tenant Jai Pal Singh against landlord Abdul Haque arises out of rent fixation proceedings. Building in dispute which according to the learned counsel is a big residential building situate in front of Bulandshahr Civil Court was allotted to Jai Pal Singh on 30.1.1982. R.C & E.O fixed the rent at the rate of Rs. 300/- per month. VII Additional District Judge, Bulandshahr in R.C Appeal No. 31 of 1986, enhanced the rent to Rs. 400/- per month. The said order of appellate court is under challenge in the first writ petition.
Second writ petition arises out of against order-dated 8.2.2000 passed by JSCC, Bulandshahr in SCC Suit No. 12 of 1982. The said suit was filed by landlord against tenant for eviction on the ground of default. The trial court through the said order held that proceedings of the suit should continue as amount was not deposited by the tenant within the time fixed by the High Court (in first writ petition). Against the said order tenant filed SCC Revision No. 13 of 2000. District Judge, Bulandshahr through order-dated 11.5.2000, allowed the revision and stayed the proceeding of the suit. The said order of District Judge has been challenged by landlord through second writ petition.
As possession has already been taken by the landlord hence relief of eviction in the suit has become infructuous.
Accordingly both the writ petitions are disposed of with the direction that whatever amount tenant has deposited in SCC Suit No. 12 of 1982 shall be paid to the landlord. Tenant shall not be liable to pay any other amount towards rent. The suit shall be decided in these terms.
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