Allahabad High Court

A227/12863/2026 of SHWETA SHARMA Vs DR. NIRPAN SHARMA AND 2 OTHERS on 4 October 2026

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JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12863 of 2026 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. 1. Heard Sri Shiv Sagar Singh, learned counsel appearing for the petitioner and Sri Akhilesh Kumar Pandey, learned counsel appearing for the respondents. 2. Present

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 12863 of 2026

Court No. - 35

HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

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1. Heard Sri Shiv Sagar Singh, learned counsel appearing for the petitioner and Sri Akhilesh Kumar Pandey, learned counsel appearing for the respondents.

2. Present petition has been filed, seeking to assail the order dated 01.09.2025 passed in Rent Case No. 12418 of 2024, Dr. Nirupam Sharma and others vs. Smt. Sweta Sharma whereby the application filed by the respondent-landlord under section 21(2)(m) of the Uttar Pradesh Urban Premises Tenancy Regularization Act, 2021 seeking eviction of the premises in question was allowed. The subsequent order dated 22.07.2026 passed in Rent Appeal No. 307 of 2025, affirming the previous order, is also subject to challenge.

3. Counsel appearing for the petitioner, after making submissions to some extent, has not been able to dispute that the orders impugned are based on appreciation of facts and the material available on record and, that there is no patent error or illegality in the orders, which may persuade this Court to exercise its supervisory jurisdiction under Article 227 of the Constitution of India.

4. Learned counsel, however, seeks an indulgence, praying for an additional time of six month to vacate the premises in question.

5. Counsel appearing for the respondent, on instructions, submits that he has no objection to the prayer so made by the petitioner. Versus Counsel for Petitioner(s) : Shiv Sagar Singh Counsel for Respondent(s) : Akhilesh Kumar Pandey Shweta Sharma .....Petitioner(s) Dr. Nirpan Sharma And 2 Others .....Respondent(s)

6. Having regard to the aforesaid and in view of the request so made by counsel for the petitioner, while dismissing the petition, this Court grants six month's time to the petitioner to vacate and handover peaceful possession of the premises in question, to respondent landlord, on or before 05.04.2027, subject to the following conditions:

(i) The tenant-petitioner shall file an undertaking before the Additional District and Sessions Judge, Court No. 2, Meerut, stating that he shall hand over peaceful possession of the premises in question to the respondent- landlord on or before 05.04.2027, and shall deposit the entire arrears of rent, as per the terms of the order passed by the Additional District and Sessions Judge, Court No. 2, Meerut, after making adjustment of the amount already deposited, if any, within a period of two weeks from date.

(ii) The said undertaking shall be filed within a period of two weeks from today; and

(iii) The tenant-petitioner shall also regularly deposit a monthly amount of Rs. 4000/- towards 'use and occupation charges', by the 7th day of each month, during the period of extended occupation.

7. It is made clear that in the event of default in compliance of any of the aforesaid conditions, the protection granted by this Court, shall stand vacated automatically and it shall be open to the respondent landlord to seek enforcement of the order passed in the Rent case, in accordance with law.

8. Subject to the aforesaid directions, the petition stands dismissed. October 5, 2026 Sushma A227 No. 12863 of 2026 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad

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