The Hon'ble Allahabad High Court held in the
case of Akhilesh Singh Vs. Vijay Singh & anr.,
reported in 2003 SCC Online All 1391 at para 6
-9-
NC: 2025:KHC:52049
CRP No. 456 of 2024
HC-KAR
that "In view of what has been discussed
above it has to be held that where there are
several co-owners one of them alone cannot
terminate the tenancy unless he is the landlord
or has the consent express or implied of the
other co-landlords. The revision is allowed. The
order of the Judge Small Causes dated 19-8-
2002 is set aside."
25. Other two decisions cited by the learned Advocate for the petitioner in
case of High Court of Panjab and Haryana (supra) and the decision in
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case of Joginder Pal and others (supra), it would be enough to mention
that both the cases had arisen as off suit of the decision of Apex Court
in case of Inderpreet Singh Kahlon and others (supra), as it was
pertaining to the same tainted recruitment process attributed to
malpractice typical to the facts of those case.
In view of the above, further proceedings in Ct. Cases No. 2185/2021
titled Akhilesh Pratap Singh vs. Raj Kumar Daga pending before the
learned Metropolitan Magistrate shall remain stayed, till the next date
of hearing in this court.
4. Learned counsel for the applicant submits that in the instant case,
charge sheet was filed but along with the same, no FSL report was filed.
Therefore, applicant is entitled to be released on bail under Section 187(3) of
BNSS. With respect to aforesaid, learned counsel for the applicant has relied
Signature Not VerifiedSigned by: SARSWATIMEHRASigning time: 03-09-202519:13:08
NEUTRAL CITATION NO. 2025:MPHC-JBP:42545
2 MCRC-28309-2025
upon Than Singh Vs. The State of M.P. (MCRC No. 7751/2025) decided on
25.02.2025. Applicant is in jail since 13.03.2025. Therefore, learned trial
Court has erred in dismissing applicant's application for default bail. The trial
of the case will take considerable time. Therefore, it has been prayed that the
applicant be released on bail pending the trial.
The petitioner?s contention is that plaintiff alone cannot terminate its tenancy. This is mixed question of fact and law which can be determined of the Small Causes Court after adducing evidence by rival parties . It is still upon to the Small Causes Court that after parties adduce their evidence, if it comes to the conclusion that there is a dispute as to the title, then the suit application can be returned. Therefore, the judgment relied by the petitioner in case of Akhilesh Singh Vs. Vijay Singh and others reported in 2004(1) ARC 2013 is of any avail to the petitioner unless and until said mixed question of law and fact is determined, after parties adduce their evidence. This writ petition is premature and therefore it is dismissed.
2. By means of instant application under Section 482 Cr.P.C, the applicants seeks to quash the summoning order dated 25.07.2023 including the entire proceeding of Complaint Case No. 413 of 2023 (Akhilesh Vs. Raj Kumar and others), under sections 147, 323, 452, 504, 506 IPC, Police Station Newadhiya, District Jaunpur, pending in the court of Civil Judge (S.D.)/F.T.C., Jaunpur and further prayer to stay the further proceedings of the aforesaid case has been made.
"Issue order or direction in the nature to direct the Learned Court to decide Suit No. 1459 of 2021 (Akhilesh Singh Vs. Nand Lal Singh and others) pending in the Court of learned Civil Judge, Senior Division, Ballia, expeditiously preferably within specific period."