A227/6879/2026 of MAHENDRA SINGH Vs SMT. DIPALI on 29 September 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 6879 of 2026 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Namit Kumar Sharma, learned counsel appearing for the petitioner and Sri Lalit Kumar, learned counsel appearing for the respondent. Present petition has been filed, seeking to assail an order dated 19.2.2024 passed by the Judge Small Causes Court/Civil Judge (Senior Division), Budaun, in S.C.C. Case No.02 of 2011 (Smt. Dipali Vs. Mahendra Singh), in terms of which the suit filed by the respondent-landlord, for eviction and arrears of rent was decreed. The subsequent order dated 4.2.2026 passed by the District Judge, Budaun, in S.C.C. Revision No.07 of 2024 (Mahendra Singh Vs. Smt. Dipali), in terms of which the earlier order stood affirmed has also been subjected to challenge. 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. Learned counsel, however, seeks an indulgence, praying for an Versus Counsel for Petitioner(s) : Gunjan Sharma, Namit Kumar Sharma Counsel for Respondent(s) : Lalit Kumar Mahendra Singh .....Petitioner(s) Smt. Dipali .....Respondent(s)

additional time upto 30th March, 2027 to vacate the premises in question. Counsel appearing for the respondent, on instructions, submits that he has no objection to the prayer so made by the petitioner. 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 time upto 30th March, 2027, to the petitioner to vacate and handover peaceful possession of the premises in question, to respondents-landlords, subject to the following conditions:

(i) The tenant petitioner shall file an undertaking before the Judge Small Causes Court/Civil Judge (Senior Division), Budaun, to the effect that he shall handover peaceful possession of the premises in question, to the respondent- landlord on or before 30th March, 2027;

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

(iii) The tenant-petitioner shall deposit the entire rent arrears as per the terms of the judgment dated 19.2.2024 passed by the Judge Small Causes Court/Civil Judge (Senior Division), Budaun, in S.C.C. Case No.02 of 2011, after adjusting the amount, if any, already deposited, within two weeks from today.

(iv) The tenant-petitioner shall also regularly deposit a monthly amount of Rs. 5,000/- towards 'use and occupation charges', as agreed by counsel for the parties, by the 7th day of each month, during the period of extended occupation, starting from the month of September, 2026. 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 A227 No. 6879 of 2026

the respondent-landlord to seek enforcement of the order passed in the S.C.C. case, in accordance with law. Subject to the aforesaid directions, the petition stands dismissed. (Dr. Yogendra Kumar Srivastava,J.) September 30, 2026 Arun K. Singh A227 No. 6879 of 2026

Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad