Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1287 of 2018 Petitioner :- Om Prakash Respondent :- Mahesh Chandra Gupta And 2 Ors. Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- Arun Kumar Shukla
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Arun Kumar Singh, learned counsel for the defendant-tenant/ petitioner and Sri Arun Kumar Shukla, learned counsel for the plaintiffs- landlords/ respondents.
Learned counsel for the defendant-tenant/ petitioner states that petitioner is not pressing this petition on merit but he wants that some time may be granted to vacate the tenanted accommodation being part of House No.11/296, Sooterganj, Kanpur Nagar. He states that the defendant-tenant/ petitioner is ready to submit an undertaking on oath before the court below to the effect that he shall vacate the disputed accommodation, and, handover its vacant and peaceful possession to Plaintiffs-Respondents on or before 31.07.2018 and shall deposit the entire decreetal amount, if any, and shall also deposit a sum of Rs.2,000/- within four weeks from today for use and occupation of the disputed accommodation for a period from today till 31.07.2018 and thereupon till 31.07.2018 no coercive action may be taken against the defendant-tenant/ petitioner for dispossession from the disputed accommodation.
Learned counsel for plaintiffs-respondents has no serious objection to aforesaid request of the defendant-tenant/ petitioner.
In view of the aforesaid, this petition is disposed of providing that in the event an undertaking on oath to the aforesaid effect is submitted by the defendant-tenant/ petitioner before the concerned court below within four weeks from today and the decreetal amount and a sum of Rs.2,000/- is also deposited within the same period for the purposes as aforesaid, then in that event, no coercive action shall be taken against the defendant- tenant/ petitioner with respect to the disputed accommodation till 31.07.2018. On or before 31.07.2018, the defendant-tenant/ petitioner shall vacate the disputed accommodation and shall handover its vacant and peaceful possession to the plaintiffs-respondents. In the event of non- compliance of any of the conditions, the protection as aforesaid given to the defendant-tenant/ petitioner shall automatically stand vacated. In the event, the disputed accommodation is not vacated, and, its vacant and peaceful possession is not handed over by the defendant-tenant/ petitioner to the plaintiffs-respondents on or before 31.07.2018, then the plaintiffs-respondents shall be entitled to initiate appropriate proceedings against the defendant-tenant/ petitioner including the proceedings for contempt. If any amount has already been deposited towards the decree, the same shall be adjusted towards the deposit of decreetal amount as aforesaid.
Subject to the aforesaid observations, this petition is dismissed.
Order Date :- 28.2.2018 NLY