Court No. - 1 Case :- SECOND APPEAL No. - 330 of 2008 Petitioner :- Jai Narain Shukla Respondent :- Smt. (Dr.) Madhu Pandey Petitioner Counsel :- Rameshwar Nath,R.K. Gupta Respondent Counsel :- Anupam Shukla Hon'ble Rakesh Sharma,J.
The case is called out.
Learned counsel for the appellant has sent an illness slip as has been sent by
the learned counsel for the appellant on last dates, that is, on 18.10.2008,
6.2.2009 and 29.6.2009.
Sri Anupam Shukla, learned counsel for the respondent-landlord, has
expressed his anxiety, as he did on 18.10.2008, that the execution of a money
decree has been stayed without furnishing any security. The appellant is an
intruder to the property in dispute. The appellant was neither having a lawful
tenancy rights nor any license. The lady-respondent, landlord is being
harassed.
This Court has noted from the judgments of the courts below that the
appellant was not having any valid allotment order in his favour, issued by the
Rent Control Officer, Kanpur nor there is any agreement of his induction in
the property in dispute nor there exists any license to occupy and enjoy the
benefits of the property, which is situated in a central area of Kanpur City.
The Second Appeal has not even been admitted and substantial hearing taken
place.
Let the lower courts’ record be remitted back immediately. As in the present
case, both the courts below have recorded concurrent findings and given
verdicts in favour of the landlord-respondent, let the execution proceed. The
interim order of maintaining status quo dated 17.4.2008 is vacated.
If the appeal has any substance, an appropriate order may be passed after
hearing both the parties.
Order Date :- 22.1.2010
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