Court No. - 43
Case :- WRIT - A No. - 3574 of 2020 Petitioner :- Sri Satya Prakash Respondent :- Smt. Manju Bansal Counsel for Petitioner :- I.P. Singh Counsel for Respondent :- Rahul Sahai,Manoj Kumar Tiwari
Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and Sri Rahul Sahai, learned counsel for the respondent.
The tenant-petitioner is before this Court assailing the Judgement and order dated 31.01.2020 passed by learned Additional District Judge, Court No.6, District Meerut in Misc.
P.A. Appeal No. 187 of 2018 (Satya Prakash Vs. Smt. Manju Bansal as well as Judgement and order dated 09.07.2019 passed by Prescribed Authority/Judge Small Causes Court, Meerut in P.A. No. 49 of 2016 (Smt. Manju Bansal Vs. Satya Prakash).
At the very outset, learned counsel for the petitioner prays that some reasonable time may be granted to the petitioner to vacate the shop in question.
Sri Rahul Sahai, learned counsel for the respondent submits that four months time may be provided to the petitioner to vacate the shop in question subject to enhancement of the damages.
Considering the facts and circumstances of the case and with the consent of parties, subject to filing of an undertaking by the tenant-petitioner before the Court below, it is provided that:
(1) The tenant-petitioner shall handover the peaceful possession of the premises in question to the landlord-respondents on or before 24.12.2021.
(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 copy of this order;
(3) The tenant-petitioner shall pay entire decreetal amount within a period of two months from the date of receipt of copy of this order;
(4) The tenant-petitioner shall pay damages @ Rs. 1000/- 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-petitioner shall also state that he 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- petitioner 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 petitioner, he shall also be liable for contempt.
The writ petition is accordingly, dismissed with the aforesaid observations.
Order Date :- 24.8.2021 S.Ali