Allahabad High Court
SMT RAM PYARI (DECEASED) AND 2 OTHERSversusSMT PRAMOD KUMARI (DECEASED)
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court held that there was no material error or illegality in the lower court's order, declined to interfere, dismissed the petition, and granted a conditional two‑month vacate period.
Summary
The petitioners, tenants, challenged the decree of eviction and rent arrears passed by the Small Causes Court, Kanpur Nagar, seeking supervisory interference under Article 227 of the Constitution. The High Court examined whether any material error, illegality or perversity existed in the lower court's judgment. The petitioners failed to demonstrate any such flaw, and the respondents had no objection to a time‑grant for vacating. Consequently, the High Court declined to interfere with the lower court's orders and dismissed the petition, but it granted the petitioners a two‑month period to vacate the premises on specified conditions, including filing an undertaking, depositing arrears, and paying monthly occupation charges. Non‑compliance would result in automatic withdrawal of the protection and allow the landlord to execute the decree.
Issues considered
- Whether the High Court should exercise its supervisory jurisdiction under Article 227 to interfere with the Small Causes Court's decree of eviction and rent arrears.
- Whether the petition for a stay/extension of time to vacate the premises is maintainable.
Subjects
- Article 227
- supervisory jurisdiction
- eviction
- Small Causes Court
- arrears of rent
- stay of execution
- possession
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 4365 of 2026
Smt Ram Pyari (Deceased) And 2 Others
.....Petitioner(s)
Versus
Smt Pramod Kumari (Deceased)
.....Respondent(s)
Counsel for Petitioner(s) : Phool Singh Yadav, Ram Pratap Yadav
Counsel for Respondent(s) : Avaneesh Kumar Upadhyay, Manish
Tripathi, Saurabh Srivastava
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
A227 No. 4365 of 2026
2
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
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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