Sipahi Lal v. Om Prakash Prajapati

Court No. - 4 Case :- S.C.C. REVISION DEFECTIVE No. - 115 of 2023 Revisionist :- Sipahi Lal Opposite Party :- Om Prakash Prajapati Counsel for Revisionist :- Shashi Bhushan Mishra Hon'ble Prakash Padia,J.

¶1The present revision has been filed by the revisionist against the order dated

24.11.2021 and decree dated 03.12.2021 passed by the Civil Judge (Senior Division) Kanpur Dehat in Rent Case No.01 of 2016 (Om Prakash Prajapati Vs. Sipahi Lal).

¶2After some arguments, the question has been arisen whether the revision is maintainable against the aforesaid order or not.

¶3In this view of the matter, this Court requested to Sri Manish Tandon, Advocate to assist the Court. Thereafter, Sri Manish Tandon, Advocate go through the records.

¶4After going through the record, Sri Manish Tandon, Advocate informed this Court that the revision is not maintainable against the order which are underchallenged and the appropriate remedy is availble to the revisionist to file petition before this Court either under Article 226 of the Constitution of India or Article 227 of the Constitution of India since the proceedings are arising out of Section 21(1) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No.13 of 1972).

¶5In this view of the matter, the present revision is dismissed with the liberty to file the petition.

¶6Office is directed to return certified copy of the orders to the learned counsel for the revisions after retaining photo-copy of the same.

¶7This Court appreciate the hard work, dedication and proper assistance of Sri Manish Tandon, Advocate being extended to this Court in the matter. Order Date :- 6.12.2023/saqlain High Court of Judicature at Allahabad