ANITA CHAUHAN AND ANOTHERversusREYASH INTERNATIONAL SCHOOL

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            MATTERS UNDER ARTICLE 227 No. - 12987 of 2026

Anita Chauhan And Another
                                                           .....Petitioner(s)
                                  Versus

Reyash International School
                                                         .....Respondent(s)

Counsel for Petitioner(s)      : Hritudhwaj Pratap       Sahi,    Samarath
                                 Singh
Counsel for Respondent(s)      : Sumit Daga

Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Samarth
Singh, learned counsel for the petitioner and Sri Sumit Daga, learned
counsel for the plaintiff-respondent.

2. It is contended that a registered rent agreement was executed between
the parties on 13.03.2015 for a period of 11 years. The premises in
question was let out by the petitioners to the plaintiff-respondent for
running a school. The said period of 11 years had come to an end on
12.03.2026.

3. In the meantime, the plaintiff-respondent had instituted a suit for
permanent injunction being Original Suit No.142 of 2023 against the
defendants-petitioners. In the said suit, an application for grant of
temporary injunction was moved which was allowed by the trial Court on
11.02.2025 against which a misc. civil appeal was preferred by the
petitioners under Order 43 Rule 1 (r) CPC which was dismissed by the
order impugned dated 29.08.2026.

4. Sri G.K. Singh, learned Senior Counsel appearing for petitioners
submits that the period of 11 years had already come to an end on
12.03.2026, but the appellate Court has not considered the said fact and
had dismissed the said misc. civil appeal.

5. Sri Sumit Daga, learned counsel appearing for plaintiff-respondent
submits that manager/chairman of the of the plaintiff/school is the wife of
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                                                                   2


                                    petitioner no.2. There is a matrimonial dispute going on between the
                                    parties and number of cases have been filed. According to him, the order
                                    of injunction may be modified to the order of status quo and the
                                    petitioners may be permitted to initiate the suit for eviction against the
                                    plaintiff under the Uttar Pradesh Regulation of Urban Premises Tenancy
                                    Act, 2021.

                                    6. I have heard respective counsel for the parties and perused the material
                                    on record.

                                    7. It is an admitted case to both the parties that rent agreement was
                                    executed between the parties for a period of 11 years, which came to an
                                    end on 12.03.2026. The misc. civil appeal filed under Order 43 Rule 1(r)
                                    CPC was decided on 29.08.2026. The Court below should have taken into
                                    consideration the fact that the rent agreement came to an end between the
                                    parties and should have decided the appeal considering the said fact.

                                    8. In view of the said fact, the order dated 29.08.2026 is unsustainable in
                                    the eyes of law and is hereby set aside. The matter is remanded back to
                                    the appellate Court to decide the misc. civil appeal filed by the petitioner
                                    afresh within a period of two months from the date of production of
                                    certified copy of this order.

                                    9. Writ petition stands partly allowed.



                                                                                   (Rohit Ranjan Agarwal,J.)
                                    September 18, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad