Allahabad High Court
BRIJKISHORE PALversusANIL KUMAR CHATURVEDI AND 4 OTHERS
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The petition is dismissed; however, the Court grants an extension of time until 31‑03‑2027 for the petitioner to vacate, subject to specified conditions.
Summary
The petitioner, Brijkishore Pal, a tenant, filed a petition under Article 227 of the Constitution challenging an eviction order and rent arrears order dated 20‑08‑2025 issued by the Rent Authority/Additional District Magistrate under Section 4(7) of the Uttar Pradesh Act No.16 of 2021, and a subsequent order dated 20‑04‑2026 from the Rent Tribunal. The High Court examined whether there was any patent error or illegality in those orders that would warrant supervisory intervention. The petitioner could not demonstrate any such error and instead sought an extension of time to vacate the premises. The respondent landlords had no objection to the extension. The Court dismissed the petition but granted the petitioner time until 31‑03‑2027 to vacate, subject to filing an undertaking, payment of full rent arrears, and monthly occupation charges of Rs.4,000, with default leading to automatic withdrawal of protection.
Issues considered
- Whether the High Court should exercise its supervisory jurisdiction under Article 227 to set aside the eviction and rent arrears orders passed under Section 4(7) of the Uttar Pradesh Act No.16 of 2021.
- Whether the petitioner is entitled to an extension of time to vacate the premises.
Legislation cited
- Constitution of India — s. Article 227
- Uttar Pradesh Act No.16 of 2021 — s. 4(7)
Subjects
- eviction
- rent arrears
- Article 227
- supervisory jurisdiction
- lease
- rent tribunal
- extension of time
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 7965 of 2026
Brijkishore Pal
.....Petitioner(s)
Versus
Anil Kumar Chaturvedi And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Singh, Dileep Kumar,
Gopal Khare
Counsel for Respondent(s) : Anshu Chaudhary
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Gopal Ji Khare, learned counsel for the petitioner
and Sri Anshu Chaudhary, learned counsel appearing for the
respondents.
Present petition has been filed, seeking to assail an order dated
20.8.2025 passed by the Rent Authority/Additional District
Magistrate (Finance & Revenue), Jalaun at Orai, in Case
No.347 of 2025 (Anil Kumar Chaturvedi & Others Vs.
Brijkishore Pal & Others), and the subsequent order dated
20.4.2026, passed by the Additional Judge, Court No.1, Jalaun
at Orai/Rent Tribunal, in Rent Appeal No.11 of 2025 (Anil
Kumar Chaturvedi Vs. Brijkishore Pal and Others).
The orders impugned have been passed in proceedings under
Section 4(7) of the U.P. Act No.16 of 2021 and in terms
thereof, a direction has been issued for eviction of the
petitioner-tenant and for payment of arrears of rent.
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
A227 No. 7965 of 2026
2
Constitution of India.
Learned counsel, however, seeks an indulgence, praying for an
additional time upto 31st March, 2027 to vacate the premises in
question.
Counsel appearing for the respondents, on instructions, submits
that he has no objection to the prayer so made by the
petitioners.
Having regard to the aforesaid and in view of the request so
made by counsel for the petitioners, while dismissing the
petition, this Court grants time upto 31st 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 Additional District Magistrate (Finance & Revenue), Jalaun
at Orai, to the effect that he shall handover peaceful possession
of the premises in question, to the respondents-landlords on or
before 31st 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 20.8.2025 passed by the
Rent Authority/Additional District Magistrate (Finance &
Revenue), Jalaun at Orai, in Case No.347 of 2025 (Anil Kumar
Chaturvedi & Others Vs. Brijkishore Pal & Others), 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. 4,000/- 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
A227 No. 7965 of 2026
3
month of October, 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
the respondents-landlords to seek enforcement of the order
passed in the rent case, in accordance with law.
Subject to the aforesaid directions, the petition stands
dismissed.
(Dr. Yogendra Kumar Srivastava,J.)
September 8, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
Checking your session…