Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 5638 of 2019 Petitioner :- Mohd Yusuf Respondent :- Mahesh Chandra Mishra Counsel for Petitioner :- Arun Kumar Gupta
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Akhtar Ali holding brief of Sri Arun Kumar Gupta, learned counsel for the tenant-petitioner.
The rent case was filed in the year 2014. From the last several years, the tenant-petitioner was avoiding to file written statement. Therefore, by order dated 18.2.2019 passed in P.A. Case No.17 of 2014 (Mahesh Chandra Mishra v. Mohd. Yunus and others), the Civil Judge (Senior Division), Shahjahanpur, fixed 3.12.2018 providing that if the tenant- petitioner does not file his written statement then his right to file written statement shall be closed. Still the tenant-petitioner has not filed written statement instead after four months he moved an application giving lame excuses, which has been rejected by the impugned order dated 18.2.2019.
I have perused the impugned order dated 18.2.2019 and I find that sufficient reasons have been recorded by the appellate court to reject the application. Very expeditious disposal of rent cases is the statutory mandate contained in Rule 15(3) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act,1972, which provides that rent cases shall be decided as far as possible within two months. Five years have passed, but the tenant-petitioner has not filed written statement. Under the circumstances, there appears to be no good reason to interfere with the impugned order.
However, considering the last request of the tenant-petitioner that the petitioner is ready to pay cost of Rs. 5,000/- and shall file written statement within two weeks from today and shall also deposit the cost in the court below within the same period, this petition is disposed of providing that in the event, the tenant-petitioner deposits the cost of Rs.5,000/-in the court below within two weeks from today and also files written statement within the same period then his written statement shall be entertained and the impugned order dated 18.2.2019, shall stand modified to the aforesaid extent. It is further provided that the the aforesaid rent case shall be decided by the concerned court below in accordance with law, expeditiously, preferably within ten months without granting any unnecessary adjournment to either of the parties.
Order Date :- 25.7.2019 Ak/