High CourtsSingle Bench

Kapil Kumar Agarwal vs Vinod Kumar Agarwal

Uttarakhand High Court · Decided on 12 August 2021 · Citation: (2021) 08 UK CK 0180

HON’BLE JUDGES
Manoj Kumar Tiwari, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972 — Section 21(1)(a) · Constitution Of India, 1950 — Article 227
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 250 Of 2012
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

12 paragraphs · 209 words

Manoj Kumar Tiwari, J

1.

This is landlord’s petition under Article 227 of the Constitution of India against the order passed by Prescribed Authority, Ramnagar, District

Nainital in Rent Control Case No. 6 of 2010, as affirmed by District Judge, Nainital in Rent Control Appeal No. 7of 2011.

2.

From perusal of the order impugned in the writ petition, it reveals that the release application filed by the landlord under Section 21(1)(a) of U.P.

Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was rejected by the Prescribed Authority and Prescribed Authority’s order

was affirmed in appeal. Thus, landlord had lost from both the courts below.

3.

This writ petition was filed in the year 2012.

4.

Mr. Sarvesh Agarwal, learned counsel appearing for the respondent has apprised the Court that after filing of the writ petition, parties have entered

into compromise and possession of the premises was handed-over to the petitioner/landlord by respondent in the year 2013.

5.

Since, the premises in question has been vacated by the tenant pursuant to the compromise way back in the year 2013, there is no point in keeping

this writ petition on the file of this Court.

6.

Accordingly, writ petition is dismissed as infructuous. No order as to costs.