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2012 DIGILAW 277 (ALL)

Lekhraj v. Harki Devi and others

2012-01-31

DILIP GUPTA

body2012
Dilip Gupta, J.— The tenant has filed this petition for quashing the judgment and order dated 31st October, 2003 passed by the Judge, Court of Small Causes by which SCC Suit No. 23 of 2000 filed by the landlord was decreed for eviction and arrears of rent. The petitioner has also sought the quashing of the judgment and order dated 16th January, 2012 by which the Revision filed by the tenant for setting aside the aforesaid judgment was dismissed. Both the Courts below have recorded a finding of fact that the defendants were in default in payment of rent for more than four months and that the defendants were not entitled to the benefit of the provisions of Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction), Act, 1972 (hereinafter referred to as the 'Act') since they did not deposit the entire amount of rent due on the first date of hearing. Learned counsel appearing for the petitioner has not been able to satisfy the Court that the findings recorded by the Courts below regarding default in payment of rent since June, 1992 and denial of benefit of Section 20(4) of the Act are perverse. There is, therefore, no good reason to interfere with the impugned judgments. At this stage, learned counsel for the petitioner submitted that some time may be given to the tenant to vacate the shop in dispute. Learned counsel for the landlord has stated that the landlord has no objection to some reasonable time being granted. The tenant is, accordingly, granted eight months time to handover the peaceful possession of the shop to the landlord subject to the tenant giving an undertaking within two weeks from today before the Prescribed Authority to the following effect :- 1. That the tenant shall handover peaceful possession of the shop to the landlord on or before the 30st September, 2012. 2. That the tenant shall pay damages at the rate of Rs.500/- per month up to the date he hands-over the possession of the shop to the landlord. 3. That the tenant shall not induct any other person in the shop. It is made clear that in the event the tenant fails to give the undertaking within the aforesaid period or fails to comply with any of the terms of the undertaking, it will be open to the landlord to get the decree executed. 3. That the tenant shall not induct any other person in the shop. It is made clear that in the event the tenant fails to give the undertaking within the aforesaid period or fails to comply with any of the terms of the undertaking, it will be open to the landlord to get the decree executed. The writ petition is, accordingly, dismissed with the aforesaid observations. _