HC restrains old age home in Lucknow from evicting couple

THE TRIAL COURT HAD PASSED AN INJUNCTION ORDER ON DECEMBER 7, 2019, RESTRAINING THE TRUST FROM DISPOSSESSING THE COUPLE FROM OLD AGE HOME.

LUCKNOW: The Lucknow bench of the Allahabad high court has restrained an old age home from evicting an old couple residing there and restored an injunction order passed by the trial court with condition that the couple will pay monthly charges.

A single judge bench of Justice Jaspreet Singh on October 1 said: “In the first instant case, noticing the fact that an elderly couple who have been abandoned by their own children and are at mercy of destiny and are residing and occupying a room in the old age home.”

“If not protected against forcible dispossession, such injury cannot be compensated nor reversed, hence such injury definitely comes within the ambit of connotation of the words ‘irreparable injury,” added the court.

Petitioner Rajendra Prasad Agarwal and his wife had filed a writ petition in the high court against Samarpan Varishtha Jan Parisar, an old age home, where they have been residing in room number 108 since 2016.

The facility is being run by the Gayatri Parivar Trust after obtaining a lease from the Lucknow Municipal Corporation. The trial court had passed an injunction order on December 7, 2019, restraining the Trust from dispossessing the couple from old age home.

Against this order, the Trust filed a civil appeal before the district judge who on October 20, 2020 had set aside the injunction order passed by the trial court and rejected the application for temporary injunction.

The couple moved the high court against this order of the district judge.

“The order of injunction dated (December 7, 2019) passed by the trial court is restored with the condition that the petitioners shall pay the monthly charges for their occupation inclusive of the charges for the meals and electricity at a tentative rate of Rs 12,000 per month for both the petitioners at the end of every month,” said the court.

“In light of the discussions hereinabove, the impugned order dated October 20, 2020 passed in miscellaneous civil appeal is set aside.

The order of the trial court subject to above conditions shall stand restored,” said the court. The high court also ordered the trial court to complete the trial within one year.