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2009 DIGILAW 3319 (ALL)

S. P. CHATTERJEE v. AJAI KHANNA

2009-10-22

POONAM SRIVASTAVA

body2009
JUDGMENT Hon’ble Mrs. Poonam Srivastav, J.—Heard counsels for respective parties. 2. The judgment was reserved in the instant petition, which was delivered by this Court on 9.10.2009 dismissing the writ petition. However, six months time to vacate accommodation in question was granted to tenant-petitioners subject to filing an undertaking before trial Court. 3. Modification application is filed on behalf of landlord bringing to my notice that there are electricity dues as well as water charges, which have not been deposited by tenants. 4. Ms. Sunita Agrawal, counsel for respondent/applicant has placed certain extract of counter-affidavit as well as Annexures CA-1 and CA-2 regarding electricity bill dated 22.5.2009 for an amount of Rs. 1,74,449/- and water charges vide bill dated 1.6.2009 for the period 2009-10, to a tune of Rs. 7,764/- which is inclusive of arrears of Rs. 6113/-. 5. It goes without saying that the aforesaid amount is payable by tenants who are in occupation since a very long time and admittedly arrears aforesaid is payable the by tenant-petitioners. Tenants shall also deposit entire dues before they handover vacant possession of accommodation in question to the landlord. In the event they fail to do so, the same shall be realized as arrears of land revenue from petitioner-tenants, S.P. Chatterjee and A.K Chatterjee, at present resident of 92 (old) New No. 142/4, Lukerganj, Allahabad. Dues are in respect of this very accommodation, which was in their tenancy till the date judgment was delivered. At present, they are in occupation for the extended period of six months after delivery of judgment. This order passed in modification application shall be part of judgment, which was delivered by this Court on 9.10.2009. 6. With the aforesaid direction, modification application is disposed of. ————