High Courts(2011) 07 AHC CK 0161

U.P.Basic Shiksha Parishad and others vs Lalit Kumar Arora and another

Allahabad High Court · Decided on 26 July 2011

HON’BLE JUDGES
Abhinava Upadhya, J
RESULT
Disposed Of
CASE NUMBER
Civil Revision No. 306 of 2011

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Judgment

7 paragraphs · 213 words

Abhinava Upadhya, J.

I have heard learned counsel for the revisionists as well as learned counsel for the respondents.

The dispute raised in this revision is with regard to the period of rent, which has been determined by the court below. The present revision has been filed on the ground that the landlord themselves had claimed arrears of rent from 1.9.2003 to 31.8.2006, but the court below has directed the arrears of rent from the year 1993.

According to learned counsel for the revisionists, the court below has exceeded in granting of benefit to the landlord beyond the prayer made for.

Learned counsel for the respondents, however, submits that although in the pleadings, he has claimed arrears of rent from the year 1993, however, he is not objecting to the grant of rent from 1.9.2003 to 31.8.2006 only.

Accordingly, the order of the trial court is modified only to the extent that so far as arrears of rent is concerned the landlord would be entitled to arrears after 1.9.2003. In other words, the landlord would not be entitled to any arrears of rent prior to the year 1.9.2003. The rest of the order of the court below will remain as it is.

Subject to the aforesaid direction, the revision stands disposed of finally.