Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 7855 of 2018 Petitioner :- Gopal Ji Respondent :- Smt. Urmila Vaish And 4 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- Vinod Kumar Pandey,Ashok Kumar Pandey
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the parties and perused the record.
This writ petition has been filed for setting aside the order dated 29.8.2018 passed by the XIII Additional District Judge, Room No.7, Allahabad in R.C.A. No.24 of 2017 filed under section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and the order dated 26.9.2017 passed by the XII Additional Chief Judicial Magistrate, Allahabad/Prescribed Authority in P.A. Case No.35 of 2013.
Learned counsel for the petitioner submitted that because of transferring of the suit to a Court about which the petitioner had no notice the petitioner could not appear and, therefore, wrongly his evidence was closed. He further submitted that the landlord had an ancestral property where he could have shifted.
Learned counsel for the landlord, however, submitted that the petitioner in fact had purposely avoided the Court and could not now say that he was not aware about the transfer of the Court after such a long lapse of time.
However, when the learned counsel for the petitioner was confronted by the unassailable findings of fact he had no answer and prayed that some time be granted to the petitioner to vacate the premises in question. The learned counsel for the landlord had no objection to the prayer being granted.
In such view of the matter, the petitioner-tenant is granted time upto 30.10.2019 to vacate the premises in question, subject to filing of an undertaking by him before the Court below, which is as under :
(1) The tenant-petitioner shall handover peaceful possession of the premises in question to the landlord- opposite party on or before 30.10.2019 ;
(2) The tenant-petitioner shall file the undertaking before the Court below to the said effect within two weeks from the date of receipt of a certified copy of this order;
(3) The tenant-petitioner shall pay damages @ Rs.1,000/- per month by seventh day of every succeeding month and continue to deposit the same in the Court below till 30.10.2019 or till the date he vacates the premises, whichever is earlier, and the landlord would be at liberty to withdraw the said amount;
(4) In the undertaking the tenant-petitioner shall also state that he would not create any interest in favour of any third party in the premises in dispute;
(5) Subject to filing of the said undertaking, the tenant- petitioner shall not be evicted from the premises in question till the aforesaid period;
(6) It is made clear that in case of default of any of the conditions mentioned herein-above, the protection granted by this Court shall stand vacated automatically; and
(7) In case the premises is not vacated as per the undertaking given by the petitioner, he shall also be liable for contempt.
The writ petition is, accordingly, dismissed with the aforesaid observations.
There shall be no order as to costs.
Order Date :- 31.10.2018 Ashish Pd.
(Siddhartha Varma, J.)