Court No. - 37
Case :- WRIT - A No. - 23323 of 2018 Petitioner :- Mohammad Anwar Respondent :- Sanjeev Kumar And Another Counsel for Petitioner :- Mohd. Arif Counsel for Respondent :- Dharmendra Prasad Singh
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioner and perused the record.
This writ petition has been filed for setting aside the order dated 31.1.2013 passed by the Prescribed Authority in Suit No.1/2012 filed under section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 as also the order dated 15.10.2018 passed by the Appellate Court.
At the very outset, learned counsel for the petitioner prays that some time may be granted to vacate the premises in question. Learned counsel for the respondents-landlords did not object to this proposal given by the tenant.
In such view of the matter, the petitioner-tenant is granted time upto 30.4.2019 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 the peaceful possession of the premises in question to the landlord-opposite party on or before 30.4.2019;
(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. 500/- per month by seventh day of every succeeding month and continue to deposit the same in the Court below till 30.4.2019 or till the date he vacates the premises, whichever is earlier, and the landlord is at liberty to withdraw the said amount;
(4) In the undertaking the tenant-petitioner shall also state that he will 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 :- 30.10.2018 GS (Siddhartha Varma, J.)