Imran Khan v. Shambhu Dayal High School Association

Sri Imran Khan 2 A227 No. 12115 of 2025 …..Respondent(s) Counsel for Petitioner(s) : Akshat Sinha, Sanyukta Singh, Vibhu Rai Counsel for Respondent(s) : Syed Ali Imam MATTERS UNDER ARTICLE 227 No. - 3855 of 2025 Shambhu Dayal High School Association, Ghaziabad Versus Sri Imran Khan …..Petitioner(s) …..Respondent(s) Counsel for Petitioner(s) : Akshat Sinha, Sanyukta Singh, Vibhu Rai Counsel for Respondent(s) : Syed Ali Imam Court No. - 36 HON'BLE ROHIT RANJAN AGARWAL, J.

1. Matters under Article 12115 of 2025 and Matters under Article 12137 of 2025 have been preferred by the petitioner Imran Khan against plaintiff- respondent with the following prayers:- "i) to set aside the further proceeding of the Execution Case No. 2324 of 2024 (Shambhu Dayal High School Vs. Imran Khan), pending before the Rent Authority/Additional District Magistrate (City), Ghaziabad), arising out of Original Suit No. 3432 of 2022. ii) to direct plaintiff respondent that not to interfere in peaceful possession of the defendant petitioner in respect to the shops Nos. B-1, B- 2, B-3, B-4, B-5, B-7, B-8, B-9, B-10, B12, B-14, Situated in the basement at Shambhu Dayal Inter college Market, G.T. Road, Ghaziabad, during pendency of the Rent Appeal No. 32 of 2025 (Imran Khan Vs. Shambhu 3 A227 No. 12115 of 2025 Dayal High School), arising out of Original Suit No. 3432 of 2022." "i) to set aside the further proceeding of the Execution Case No. 2323 of 2024 (Shambhu Dayal High School Vs. Imran Khan), pending before the Rent Authority/Additional District Magistrate (City), Ghaziabad), arising out of Original Suit No. 3431 of 2022. ii) to direct the plaintiff respondent not interfere in peaceful possession of the defendant petitioner in respect to the Shop No.FF-05, situated at Shambhu Dayal Inter college Market, G.T. Road, Ghaziabad, during pendency of the Rent Appeal No. 112 of 2024 (Imran Khan Vs. Shambhu Dayal High School), arising out of Original Suit No. 3431 of 2022."

2. The other two connected petitions being Matters under Article 227 No. 3854 of 2025 and Matters under Article 227 No. 3855 of 2025 have been filed by plaintiff-respondent for the following reliefs:- "I. Pass an order or direction and set-aside the order dated 28.08.2024, 03.09.2024 and 10.09.2024 passed by District Judge, Ghaziabad. II. Pass an order or direction and set-aside the order dated 15.10.2024 and 04.03.2025 passed by Additional District Judge, Court No. 06, Ghaziabad in Miscellaneous Case No. 290 of 2024 whereby the appeal under section 35 of The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 has been admitted. III. Pass an order or direction and set-aside the entire proceedings of Rent appeal No. 32 of 2025 arising out of Miscellaneous Case No. 290 of 2024 pending before the learned ADJ 2nd, Ghaziabad." "I. Pass an order or direction and set-aside the order dated 28.08.2024, 03.09.2024 and 10.09.2024 passed by District Judge, Ghaziabad. II. Pass an order or direction and set-aside the order dated 15.10.2024 passed by Additional District Judge, Court No. 06, Ghaziabad in Miscellaneous Case No. 289 of 2024 whereby the appeal under section 35 of The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 has been admitted. III. Pass an order or direction and set-aside the order dated 15.02.2025 passed by Rent Authority/ Additional District Judge, Court No.02, Ghaziabad whereby the review application filed by the petitioner has been rejected."

3. Counsel for petitioner in Matters under Article 227 No. 12115 of 2025 and 12137 of 2025 submits that he is the tenant in accommodation let out by private respondent. The suit for eviction was initiated in which an order of eviction was passed on 26.07.2024. Petitioner had filed an appeal before appellate forum under Section 35(1) of Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 on 27.08.2024 but the mandatory amount as provided under Section 35(2) of the Act was not deposited. The deposit was made on 18.10.2024. The prayer made in the writ petition is for setting aside the execution proceedings as the appeal till date has not been decided.

4. Sri Anoop Trivedi, learned Senior Counsel appearing on behalf of 4 A227 No. 12115 of 2025 landlord-respondent submits that the other two petitions were filed by landlord on the ground that the proviso to Section 35(1) of the Act provides that appeal cannot be entertained unless the statutory deposit of 50% has been made by tenant. According to him, the appeal was defective at the time of filing on 27.08.2024 and it was registered as a misc. appeal. According to him, after the deposit made on 18.10.2024, the limitation as provided under Section 35(1) of the Act has elapsed and the appeal could not be allotted regular number and the appeal is still defective because it is time barred.

5. Sri Syed Ali Imam, learned counsel for the petitioner submits that the Limitation Act is applicable and Section 41 provides for condonation of delay. According to him, after the statutory deposit was made on 18.10.2024, the court below has allotted regular number and delay stood condoned and appeal should be heard on merits.

6. After some argument, learned counsel for the parties agreed that appeals which are pending consideration before court below should be decided, expeditiously.

7. This Court, without going into facts as to whether the appeal is time barred or not or misc. appeal could be registered by rent tribunal against the order passed under Section 35(1) of the Rent Tribunal/Appellate Authority to proceed with both Rent Appeal No. 32 of 2025 (Imran Khan vs. Shambhu Dayal High School) and Rent Appeal No. 112 of 2024 (Imran Khan vs. Shambhu Dayal High School) and decide the same, expeditiously preferably within a period of one month, from the date of production of certified copy of this order, strictly in accordance with law, without granting any adjournment to either of the parties. the Act, directs

8. Writ petition stands disposed of. October 13, 2025 V.S.Singh (Rohit Ranjan Agarwal,J.) VIDYA SAGAR SINGH High Court of Judicature at Allahabad

Sri Imran Khan 2 A227 No. 12115 of 2025 …..Respondent(s) Counsel for Petitioner(s) : Akshat Sinha, Sanyukta Singh, Vibhu Rai Counsel for Respondent(s) : Syed Ali Imam MATTERS UNDER ARTICLE 227 No. - 3855 of 2025 Shambhu Dayal High School Association, Ghaziabad Versus Sri Imran Khan …..Petitioner(s) …..Respondent(s) Counsel for Petitioner(s) : Akshat Sinha, Sanyukta Singh, Vibhu Rai Counsel for Respondent(s) : Syed Ali Imam Court No. - 36 HON'BLE ROHIT RANJAN AGARWAL, J.

1. Matters under Article 12115 of 2025 and Matters under Article 12137 of 2025 have been preferred by the petitioner Imran Khan against plaintiff- respondent with the following prayers:- "i) to set aside the further proceeding of the Execution Case No. 2324 of 2024 (Shambhu Dayal High School Vs. Imran Khan), pending before the Rent Authority/Additional District Magistrate (City), Ghaziabad), arising out of Original Suit No. 3432 of 2022. ii) to direct plaintiff respondent that not to interfere in peaceful possession of the defendant petitioner in respect to the shops Nos. B-1, B- 2, B-3, B-4, B-5, B-7, B-8, B-9, B-10, B12, B-14, Situated in the basement at Shambhu Dayal Inter college Market, G.T. Road, Ghaziabad, during pendency of the Rent Appeal No. 32 of 2025 (Imran Khan Vs. Shambhu 3 A227 No. 12115 of 2025 Dayal High School), arising out of Original Suit No. 3432 of 2022." "i) to set aside the further proceeding of the Execution Case No. 2323 of 2024 (Shambhu Dayal High School Vs. Imran Khan), pending before the Rent Authority/Additional District Magistrate (City), Ghaziabad), arising out of Original Suit No. 3431 of 2022. ii) to direct the plaintiff respondent not interfere in peaceful possession of the defendant petitioner in respect to the Shop No.FF-05, situated at Shambhu Dayal Inter college Market, G.T. Road, Ghaziabad, during pendency of the Rent Appeal No. 112 of 2024 (Imran Khan Vs. Shambhu Dayal High School), arising out of Original Suit No. 3431 of 2022."

2. The other two connected petitions being Matters under Article 227 No. 3854 of 2025 and Matters under Article 227 No. 3855 of 2025 have been filed by plaintiff-respondent for the following reliefs:- "I. Pass an order or direction and set-aside the order dated 28.08.2024, 03.09.2024 and 10.09.2024 passed by District Judge, Ghaziabad. II. Pass an order or direction and set-aside the order dated 15.10.2024 and 04.03.2025 passed by Additional District Judge, Court No. 06, Ghaziabad in Miscellaneous Case No. 290 of 2024 whereby the appeal under section 35 of The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 has been admitted. III. Pass an order or direction and set-aside the entire proceedings of Rent appeal No. 32 of 2025 arising out of Miscellaneous Case No. 290 of 2024 pending before the learned ADJ 2nd, Ghaziabad." "I. Pass an order or direction and set-aside the order dated 28.08.2024, 03.09.2024 and 10.09.2024 passed by District Judge, Ghaziabad. II. Pass an order or direction and set-aside the order dated 15.10.2024 passed by Additional District Judge, Court No. 06, Ghaziabad in Miscellaneous Case No. 289 of 2024 whereby the appeal under section 35 of The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 has been admitted. III. Pass an order or direction and set-aside the order dated 15.02.2025 passed by Rent Authority/ Additional District Judge, Court No.02, Ghaziabad whereby the review application filed by the petitioner has been rejected."

3. Counsel for petitioner in Matters under Article 227 No. 12115 of 2025 and 12137 of 2025 submits that he is the tenant in accommodation let out by private respondent. The suit for eviction was initiated in which an order of eviction was passed on 26.07.2024. Petitioner had filed an appeal before appellate forum under Section 35(1) of Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 on 27.08.2024 but the mandatory amount as provided under Section 35(2) of the Act was not deposited. The deposit was made on 18.10.2024. The prayer made in the writ petition is for setting aside the execution proceedings as the appeal till date has not been decided.

4. Sri Anoop Trivedi, learned Senior Counsel appearing on behalf of 4 A227 No. 12115 of 2025 landlord-respondent submits that the other two petitions were filed by landlord on the ground that the proviso to Section 35(1) of the Act provides that appeal cannot be entertained unless the statutory deposit of 50% has been made by tenant. According to him, the appeal was defective at the time of filing on 27.08.2024 and it was registered as a misc. appeal. According to him, after the deposit made on 18.10.2024, the limitation as provided under Section 35(1) of the Act has elapsed and the appeal could not be allotted regular number and the appeal is still defective because it is time barred.

5. Sri Syed Ali Imam, learned counsel for the petitioner submits that the Limitation Act is applicable and Section 41 provides for condonation of delay. According to him, after the statutory deposit was made on 18.10.2024, the court below has allotted regular number and delay stood condoned and appeal should be heard on merits.

6. After some argument, learned counsel for the parties agreed that appeals which are pending consideration before court below should be decided, expeditiously.

7. This Court, without going into facts as to whether the appeal is time barred or not or misc. appeal could be registered by rent tribunal against the order passed under Section 35(1) of the Rent Tribunal/Appellate Authority to proceed with both Rent Appeal No. 32 of 2025 (Imran Khan vs. Shambhu Dayal High School) and Rent Appeal No. 112 of 2024 (Imran Khan vs. Shambhu Dayal High School) and decide the same, expeditiously preferably within a period of one month, from the date of production of certified copy of this order, strictly in accordance with law, without granting any adjournment to either of the parties. the Act, directs

8. Writ petition stands disposed of. October 13, 2025 V.S.Singh (Rohit Ranjan Agarwal,J.) VIDYA SAGAR SINGH High Court of Judicature at Allahabad