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2013 DIGILAW 67 (ALL)

Jawahar Lal v. Chandra Mukhi Devi

2013-01-07

SUDHIR AGARWAL

body2013
JUDGMENT Sudhir Agarwal,J. 1. This writ petition is directed against the judgment and order dated 07.08.2012 passed by Additional District Judge, Court No. 14, Agra passed in SCC Revision No. 15 of 2011. 2. The Revisional Court has recorded findings of facts and learned counsel for the petitioner finding it difficult to assail the same, at the outset stated that petitioner may be allowed a reasonable time to vacate the premise in question. 3. Considering the above facts and circumstances and also with the consent of learned counsel for the parties I find it appropriate that petitioner may be allowed six months' time to vacate the premise in question. Sri M.M. Jain, Advocate appearing for petitioner also stated that petitioner undertake to vacate the premise within aforesaid period. 4. In view of the above, it is provided that petitioner, if file an affidavit within ten days from today before the Trial Court containing an undertaking that he shall vacate the premises in question and hand over its vacant possession to the landlord-respondent within six months from today, execution of judgment impugned in this writ petition shall not proceed. It is also made clear that the petitioner-tenant shall continue to pay rent of premise in question to respondent-landlord month-to-month. However, in case of any default, the above indulgence granted by this Court shall automatically cease and it would be open to landlord(s) to proceed for execution of impugned order immediately thereafter in accordance with law. It is also provided that in case the petitioner-tenant after filing affidavit, as aforesaid, and enjoying deferment of vacation of premise in question failed to comply with any of the conditions, as aforesaid, he shall be liable to pay for such non compliance of pious undertaking given to the Court an exemplary costs of Rs. 50,000/- which shall also be recovered from petitioner-tenant alongwith execution proceedings, if such necessity arises. 5. With the aforesaid observations/directions, the writ petition is dismissed.