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2014 DIGILAW 1416 (ALL)

Arun Kumar v. Khurseed Ahmad

2014-05-01

SUDHIR AGARWAL

body2014
JUDGMENT Sudhir Agarwal,J.: - Heard Sri K.M.Garg, learned counsel for petitioner and perused the record. 2. This is writ petition is directed against the order dated 07.02.2005 passed by Civil Judge, (Senior Division)/Prescribed Authority, Saharanpur allowing respondents-landlord's application for release of premise in question and appellate order dated 30.03.2006 passed by Additional District, Court No.9, Saharanpur dismissing petitioner's Rent Control Appeal No. 1 of 2005 confirming Trial Court's order. 3. Both the Courts below have recorded concurrent 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 premises in question. 4. Considering the above facts and circumstances, I find it appropriate that petitioner may be allowed six months' time to vacate the premise in question. Sri K.M.Garg, Advocate, appearing for petitioner also stated that petitioner undertakes to vacate premise within aforesaid period. 5. In view of the above, it is provided that petitioner, if files an affidavit within ten days from today before Trial Court containing an undertaking that he shall vacate premises in question and hand over its vacant possession to the landlord-respondent within six months from today, execution of judgments impugned in this writ petition shall not proceed. It is also made clear that 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 to proceed for execution of impugned orders 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 fail 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. 6. With the aforesaid observation/ direction, the writ petition is dismissed.