Smt. Beena Rastogi And 2 Others v. Shri. Aseem Rastogi
Case at a glance
Outcome
Dismissed
writ petition is dismissed
Provisions considered
Key paragraphs
- Para 88. Considering the request made by the Counsel for the petitioners, the petitioners are granted time to vacate the premises upto 31.12.2025 subject to the petitioners executing an undertaking in the form of an affidavit within 15 days from today that they shall handover the…
Judgment
Petitioner :- Smt. Beena Rastogi And 2 Others Respondent :- Shri. Aseem Rastogi Counsel for Petitioner :- Anupama Bhadauria Counsel for Respondent :- Amal Rastogi, Amal Rastogi Hon'ble Pankaj Bhatia,J.
Heard Miss. Anupama Bhadauria, learned Counsel for the petitioners and Sri Amal Rastogi, learned Counsel for the respondent.
The present petition has been filed challenging the order dated 20.07.2024 as well as the order dated 31.05.2023 passed against the petitioners in terms of the provisions contained in U.P. Regulation of Urban Premises Tenancy Act, 2021.
The contention of the Counsel for the petitioners is that after the enactment of the Tenancy Act, 2021, all the proceedings, which were earlier filed, have to continue in terms of the old act as is prescribed under Section 46 of the Tenancy Act, 2021.
The material on record reveals that the landlord, who had earlier initiated proceedings under Section 21(1)(a) of the U.P. Act No.13 of 1972 had subsequently withdrawn the said proceedings and had initiated proceedings under the Tenancy Act, 2021. The record also shows that the petitioners did not have any allotment order in their favour and thus even in terms of the U.P. Act No.13 of 1972 their possession as a tenant was not in accordance with the Act.
Operative part
Considering the reasoning recorded in both the orders dated 20.07.2024 and 31.05.2023, no interference is called for. The writ petition is dismissed.
After arguing the matter, the Counsel for the petitioners states that the petitioners may be granted some time to vacate the premises.
The Counsel for the respondent leave it to the discretion of the Court.
Considering the request made by the Counsel for the petitioners, the petitioners are granted time to vacate the premises upto 31.12.2025 subject to the petitioners executing an undertaking in the form of an affidavit within 15 days from today that they shall handover the actual vacant premise to the landlord and no other else on or before 31.12.2025.
In the event of default in filing the undertaking, the time granted by this order to vacate the premise upto 31.12.2025 shall come to an end and the respondent-landlord would be at liberty to execute the said order of eviction in accordance with law. Order Date :- 19.5.2025 akverma ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: writ petition is dismissed
Which statutory provisions did this judgment involve?
Urban Premises Tenancy Act, 2021; Tenancy Act, 2021 — s. 46.
Which court decided this case, and when?
Allahabad High Court, on 19 May 2025. The bench was PANKA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.