Allahabad High Court
MAHENDRA SINGHversusSMT. DIPALI
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The petition is dismissed, but the Court grants the petitioner time until 30 March 2027 to vacate, subject to specified conditions.
Summary
Mahendra Singh, a tenant, filed a petition under Article 227 challenging the eviction and rent-arrears decree dated 19‑02‑2024 passed by the Small Causes Court, Budaun, and its affirmation by the District Judge on 04‑02‑2026. He sought an extension of time to vacate the premises until 30 March 2027, acknowledging that the lower‑court orders were based on factual appreciation and contained no patent error. The landlord, Smt. Dipali, raised no objection to the requested extension. The High Court, after noting the absence of any substantive error, dismissed the petition but granted the extension subject to conditions: filing an undertaking, payment of all arrears, and monthly occupation charges. Non‑compliance would cause the protection to lapse and the landlord could enforce the original eviction order.
Issues considered
- Whether the High Court can intervene under Article 227 to extend the time for vacating premises despite the lower courts' orders being fact‑based and error‑free
- Whether the petitioner is entitled to a stay or modification of the eviction decree
Subjects
- eviction
- rent arrears
- Article 227
- supervisory jurisdiction
- tenancy
- extension of time
- possession
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6879 of 2026
Mahendra Singh
.....Petitioner(s)
Versus
Smt. Dipali
.....Respondent(s)
Counsel for Petitioner(s) : Gunjan Sharma, Namit
Kumar Sharma
Counsel for Respondent(s) : Lalit Kumar
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
A227 No. 6879 of 2026
2
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
3
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
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
Checking your session…