Ram Prakash Jaiswal v. Additional District Judge, Lucknow and others
2011-11-02
RAJIV SHARMA
body2011
DigiLaw.ai
Hon'ble Rajiv Sharma,J.:- Heard. Instant writ petition arises out of the proceedings initiated under the Small Causes Courts Act. Petitioner-tenant of a shop on the Ground Floor of the building known as "Awasthi Bhawan" situate at Bargadi Mangad, Bakshi Ka Talab, Sitapur Road, Lucknow, has assailed the validity and legality of the order dated 27.11.2010 passed by the Additional District Judge in S.C.C.Revision No. 86/2010. Counsel for the petitioner submits that initially the rent of the shop was Rs. 150/- per month which was enhanced from time to time and during the pendency of the writ petition the same was enhanced to Rs. 700/- as agreed by the landlord , which was deposited upto April, 2012 by the petitioner. The assertion of the petitioner the premises are covered under the Rent Control Act, which is disputed by the landlord. During the course of arguments, learned Counsel for the petitioner submitted that he may be allowed to carry out the business of retail sale of medicines till April 2012 as the license issued under the Drug & Cosmetics Act by the competent authority is valid till December, 2012 for the premises in question. He further states that he has also applied for the fresh licence with another premises and if the same is issued prior to December, 2012, he will shift his business. He undertakes that in all likelihood, he will vacate the premises by December, 2012. and thereafter he has to shift his business. On the aforesaid proposal, Sri Shyamji Shukla states that he has no objection provided an undertaking is given by the landlord that he will vacate the premises in December, 2012 and some rent is also enhanced. Considering the facts and circumstances and the consensus between the parties for retention of shop till December, 2012, it is provided that the petitioner may continue his business from the aforesaid shop till December, 2012 but he shall deposit the rent at the rate of Rs. 2000/- per month from December, 2011 after adjusting the advance rent, if any already paid upto April, 2012. The petitioner shall file an undertaking that he will vacate the premises in December, 2012 or prior to it as soon as he gets the licence issued for the alternative accommodation.
2000/- per month from December, 2011 after adjusting the advance rent, if any already paid upto April, 2012. The petitioner shall file an undertaking that he will vacate the premises in December, 2012 or prior to it as soon as he gets the licence issued for the alternative accommodation. However, the petitioner may remain in possession of the shop till March, 2013 provided that the landlord agrees to his offer on fresh terms and conditions. The undertaking shall be filed within 15 days before the Registrar of this Court. With the aforesaid observations and directions, this writ petition is disposed of finally.