Allahabad High Court
Munna Khan & Ors. vs State Of U.P. & Others on 10 May, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- WRIT - C No. - 1351 of 2010 Petitioner :- Munna Khan & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- V.K. Agnihotry Respondent Counsel :- C.S.C. Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioners. Facts, giving rise to the dispute, are as under :
Predecessor-in-interest of the petitioners was tenant in the shop in question. SCC suit filed by respondent-landlord for arrears of rent and ejectment was decreed which was maintained up to this Court vide judgment and order dated 17.10.2008 passed in Civil Misc. Writ Petition No. 22618 of 1987. While allowing the writ petition, the tenant-petitioners were allowed two months' time to vacate the part of the disputed premises which was being retained by them. The decree was put to execution. Execution was objected by the petitioners on the ground that landlord has already been put in possession by the Amin on 24.01.2008 and the execution for obtaining the possession of stair care is totally misconceived in as much as it was not a part of the tenancy and the petitioners have right to use stair case to go to the third floor of the building where their mother is tenant. The courts below finding that stair case was a part of the tenancy over-ruled the objection directed Parvana Dakhal for putting him in possession over stair case.
Since the stair case was a part of the disputed premises from which the tenant-petitioners have been evicted, the respondent-landlord is entitled for possession of the same and the decree was being obstructed by the petitioners on frivolous grounds which has rightly been over-ruled by the courts below.
In view of the above, the writ petition fails and accordingly stands dismissed in limine.
Order Date :- 10.5.2010 Dcs