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2014 DIGILAW 2201 (ALL)

Dileep Kumar Verma v. Lakhan Lal Rastogi

2014-07-24

RAKESH SRIVASTAVA

body2014
JUDGMENT Rakesh Srivastava,J. Heard Shri S.K. Rastogi, learned counsel for the petitioner and Shri J.P. Mathur, learned counsel for the respondent. 2. The petitioner is a tenant in the shop situated in the ground floor of house No. 319 of 2011, Churi Wali Gali, Chowk, Lucknow. 3. A suit was filed by the original landlord against the petitioner for recovery of rent and eviction. The said suit was decreed by the trial court by judgment and order dated 08.03.2013. The revision preferred by the petitioner was dismissed by the Additional District Judge, Court no. 12, Lucknow by judgment and order dated 03.05.2014. This led to the filing of the present writ petition. 4. Learned counsel for the petitioner after arguing at some length, states that the petitioner is ready to vacate and hand over peaceful vacant possession of the shop in dispute to the opposite parties. The learned counsel prays that the petitioner be granted some time to arrange an alternative accommodation. 5. In view of the above, with the consent of Shri S.K. Rastogi, learned counsel for the petitioner and Shri J.P. Mathur, learned counsel for the respondent, this writ petition is being finally disposed of on the following terms and conditions. A. The petitioner is granted time upto 31.07.2017 to vacate the shop in dispute. B. The proceedings in execution case No. 18 of 2014, Lakhan Lal Vs. Dileep Kumar & Ors. pending before the II Additional Judge, Small Causes Court, Lucknow, shall remain stayed up to 08.08.2014. C. The petitioner shall file an affidavit before the II Additional Judge, Small Causes Court, Lucknow, within fifteen days from today, containing the undertaking that he would hand over peaceful vacant possession of the shop in dispute on or before 31.07.2017 and continue to deposit the rent of the shop in dispute every six months in the Court in which the same is being deposited at present. D. In case, the affidavit containing the undertaking is filed before the II Additional Judge, Small Causes Court, Lucknow, within the time mentioned above, the proceedings in execution case no. 18 of 2014 Lakhan Lal Vs. Dileep Kumar & Ors. pending before the II Additional Judge, Small Causes Court, Lucknow, shall remain stayed and the petitioner shall not be evicted from the shop in dispute upto 31.07.2017. 18 of 2014 Lakhan Lal Vs. Dileep Kumar & Ors. pending before the II Additional Judge, Small Causes Court, Lucknow, shall remain stayed and the petitioner shall not be evicted from the shop in dispute upto 31.07.2017. E. In case, the affidavit containing the undertaking is not filed before the II Additional Judge, Small Causes Court, Lucknow, within fifteen days from today, the petitioner shall not be entitled to the benefit of the order passed today. F. In case of default in payment of rent, it would be open to the opposite parties to proceed with the execution case.