A227/4365/2026 of SMT RAM PYARI (DECEASED) AND 2 OTHERS Vs SMT PRAMOD KUMARI (DECEASED) on 6 May 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 4365 of 2026 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Ram Pratap Yadav, learned counsel for the petitioners and Sri Saurabh Srivastava, learned counsel appearing for the respondent. The present petition has been filed, seeking to assail the order dated 01.04.2025 passed by the Judge, Small Causes Court, Kanpur Nagar in JSCC Suit No. 216 of 2014 (Smt. Pramod Kumari vs. Smt. Ram Pyari), whereby the suit instituted by the respondent-landlord for ejectment and arrears of rent came to be decreed, as also the subsequent order passed in Revision No. 91 of 2025, whereby the judgment and decree passed in the suit have been affirmed. Counsel appearing for the petitioners has not been able to point out any material error, illegality or perversity in the orders passed by the courts below so as to persuade this Court to exercise its supervisory jurisdiction under Article 227 of the Constitution of India. At this stage, learned counsel for the petitioners seeks indulgence of this Court for grant of two months’ time to vacate the premises in question and hand over peaceful possession thereof to the respondent-landlord. Learned counsel appearing for the respondents, on instructions, states that the respondents have no objection to the grant of such time. In view thereof, while declining interference with the impugned orders Versus Counsel for Petitioner(s) : Phool Singh Yadav, Ram Pratap Yadav Counsel for Respondent(s) : Avaneesh Kumar Upadhyay, Manish Tripathi, Saurabh Srivastava Smt Ram Pyari (Deceased) And 2 Others .....Petitioner(s) Smt Pramod Kumari (Deceased) .....Respondent(s)

and dismissing the petition, this Court grants two months’ time to the petitioners-tenants to vacate and hand over peaceful possession of the premises in question to the respondent-landlord, on or before 6th July, 2026, subject to the following conditions:

(i) The petitioners-tenants shall file an undertaking before the Judge, Small Causes Court, Kanpur Nagar in JSCC Suit No. 216 of 2014 to the effect that they shall hand over peaceful possession of the premises in question to the respondent-landlord on or before 6th July, 2026;

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

(iii) The petitioners-tenants shall deposit the entire arrears of rent in terms of the judgment dated 01.04.2025 passed by the Judge, Small Causes Court, Kanpur Nagar in JSCC Suit No. 216 of 2014, after adjusting any amount already paid, within a period of four weeks from today; and

(iv) The petitioners-tenants shall also regularly deposit a monthly amount of Rs. 2,000/-, by the 7th day of each succeeding month, towards "use and occupation" charges for the period of continued occupation. 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 proceed with execution of the decree in accordance with law. Subject to the aforesaid directions, the petition stands dismissed.

(Dr. Yogendra Kumar Srivastava,J.) May 7, 2026 Imroz A227 No. 4365 of 2026 2

Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad