Court No. - 43
Case :- MATTERS UNDER ARTICLE 227 No. - 2932 of 2021 Petitioner :- Rashid Khan And 6 Others Respondent :- Sajid Beg And Another Counsel for Petitioner :- Manish Tandon Counsel for Respondent :- Manas Bhargava Hon'ble Vivek Varma,J.
Heard Sri Manish Tandon, learned counsel for the petitioners and Sri Manas Bhargava, learned counsel for the respondents.
The tenant-petitioners are before this Court assailing the order dated 15.01.2021 passed by the Additional District Judge, Court No. 21, Kanpur Nagar in Rent Appeal No. 33/2019 (Rashid Khan and others Vs. Sajid Beg and another) and the order dated 16.05.2019 passed by the Prescribed Authority/Civil Judge (Sr. Div.) Kanpur Nagar in Rent Case No. 32/2014 (Sajid Beg Vs. Rashid Khan & others).
The Court has proceeded to examine the record in question and does not find any infirmity or illegality in the orders passed by the courts below.
Once the Court has declined to interfere in the matter, learned counsel for the tenant-petitioners very fairly states that some time may be accorded to them to vacate the premises in question.
Sri Manas Bhargava, learned counsel for the respondents has no objection if one year time is granted to the petitioners to vacate the accommodation.
Considering the facts and circumstances of the case and with the consent of learned counsel for the parties, subject to filing of an undertaking by the tenant-petitioners before the Court below, it is provided that:
(1) The tenant-petitioners shall handover the peaceful possession of the premises in question to the landlord- respondents on or before 01.08.2022;
(2) The tenant-petitioners shall file the undertaking before the Court below to the said effect within four weeks from today;
(3) The tenant-petitioners shall pay entire decreetal amount within a period of two months from today;
(4) The tenant-petitioners shall pay damages @ Rs. 1,500/- per month by 07th day of every succeeding month and continue to deposit the same in the Court below and the landlord is at liberty to withdraw the said amount;
(5) In the undertaking the tenant-petitioners shall also state that they will not create any interest in favour of the third party in the premises in dispute;
(6) Subject to filing of the said undertaking, the tenant- 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.
The writ petition stands disposed of accordingly.
Order Date :- 29.7.2021 Lbm/-