Court No. - 19
Case :- S.C.C. REVISION No. - 18 of 2019 Revisionist :- Mohd. Suhail Khan Opposite Party :- Arshi Ahmad Ali Counsel for Revisionist :- Ashish Kumar Singh,A.Z.Khan Counsel for Opposite Party :- Manish Tandon
Hon'ble Manoj Kumar Gupta,J.
The instant revision is directed against the judgment and decree dated 10.1.2019 whereby SCC Suit No. 6/2017 instituted by the plaintiff respondent for recovery of arrears of rent, mesne profits and eviction has been decreed against the revisionist. The trial Court has granted two months' time to the revisionist to vacate. It has also passed a decree for recovery of arrears of rent amounting to Rs. 2,71,000/- and for arrears of water and sewarage tax @ 18% per annum. The mesne profits has been granted @ Rs. 7500/- per month, which was also the rent payable for the premises and which included maintenance charges.
It is noteworthy that the defence of the revisionist was struck off by the trial Court and the order passed in this regard has attained finality.
It is also an admitted fact that the revisionist himself instituted a suit for injunction bearing No. 472/2015 and in paragraph 3 thereof he admitted that he was paying a sum of Rs. 7500/- per month as the rent to the plaintiff respondent and it included Rs. 1,500/- as maintenance charges.
Learned counsel for the revisionist very fairly concedes that he is not in a position to challenge the decree of eviction or arrears of rent, but it is urged that the decree passed by the trial Court in so far as it directed payment of water and sewerage charges @ 18% over and above the agreed rent is wholly illegal.
Sri Manish Tandon, learned counsel for the plaintiff respondent states that he is ready to forego the decree in respect of water tax and sewerage charges.
Having regard to the above stand taken by learned counsel for plaintiff respondent, nothing further survives to be decided by this Court in the instant petition.
Learned counsel for the revisionist submitted that the revisionist be granted six month's time to vacate. He further submits that the revisionist would deposit the entire decretal amount except water tax and sewerage charges within a period of six weeks. He further undertakes to deposit damages for use and occupation of the premises till the revisionist vacates @ Rs,. 7500/- per month, as decreed by the Court below in two quarterly instalments, to which learned counsel for the plaintiff respondent has no objection.
Accordingly, the decree passed by the trial Court is upheld except in respect of water tax and sewerage charges. The revisionist would vacate the premises on or before six months provided he furnishes an undertaking to the said effect before the trial Court within three weeks from today and pays rent/damages as per the statement made by learned counsel for the revisionist. In case of default, the protection granted hereby would stand vacated automatically and it shall be open to the plaintiff respondent to execute the decree passed by the trial Court except in so far it relates to water tax and sewerage charges. In case, the revisionist vacates the premises before expiry of six months, he shall only be liable to pay damages for the period he remains in possession of the premises. Any amount deposited by the revisionist shall be released in favour of the plaintiff respondent without requiring her to furnish security.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 25.2.2019 AM/-