Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 8101 of 2018 Petitioner :- Mohammad Ekbal @ Nathunne (Deceased) And 5 Others Respondent :- Gulam Mustafa Counsel for Petitioner :- Bimla Prasad
Hon'ble Siddhartha Varma,J.
After a notice was issued to the petitioners on 13.12.2000, a Suit for eviction being SCC Suit No.409 of 2000 was filed and was decreed on 9.9.2015. The Revision thereafter was also dismissed on 15.9.2018. The Courts below have found that after the notice was issued, the petitioners had failed to deposit the rent and thereafter having found that the petitioners were in arrears of rent, ordered for their eviction from the premises in question.
I find that the case is concluded by findings of fact and that there is no merit in the petition. It is, accordingly, dismissed. However, since the petitioners have remained as tenants for a substantially long time and it would take some time to find an alternative accommodation, I direct that the petitioner may remain in premises in question for the next six months, subject to filing of an undertaking by them before the Court below, which shall be as under :
(1) The tenants-petitioners shall handover the peaceful possession of the premises in question to the landlord-opposite party on or before 26.4.2019 ;
(2) The tenants-petitioners 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 tenants-petitioners shall pay the entire decretal amount within a period of two months from the date of receipt of certified copy of this order;
(4) The tenants-petitioners shall pay damages @ Rs.1500/- per month by seventh day of every succeeding month and continue to deposit the same in the Court below till 26.4.2019 or till the date they vacate the premises, whichever is earlier, and the landlord shall be at liberty to withdraw the said amount;
(5) In the undertaking the tenants-petitioners shall also state that they would not create any interest in favour of any third party in the premises in dispute;
(6) Subject to filing of the said undertaking, the tenants- petitioners shall not be evicted from the premises in question till the aforesaid period;
(7) 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
(8) In case the premises is not vacated as per the undertaking given by the petitioners, they shall also be liable for contempt.
There shall be no order as to costs.
Order Date :- 27.10.2018 GS (Siddhartha Varma, J.)