Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 2441 (ALL)

Kauslya v. Pramod Kumar Ambast

2014-08-11

PANKAJ MITHAL

body2014
JUDGMENT Pankaj Mithal,J. Heard Sri C.K. Parikh, learned counsel for the petitioner tenants and Sri Ashish Srivastava, learned counsel for the respondent landlords. 2. The premises in dispute has been released under Section 21 (1) (a) of U.P. Act No. 13 of 1972 by the judgment and order of the appellate court dated 18.7.2013. 3. The petitioner tenants have approached this Court assailing the above judgment and order. 4. On the last date when the hearing took place, learned counsel for the petitioners after arguing at some length had submitted that petitioner no. 1 who is mother of petitioner 2 is seriously ill and is aged about 84 years. She has lived in the house in dispute for the last 40 years and her desire is to continue living therein. Therefore, he had suggested to allow the petitioners to live therein and that petitioner no. 2 would vacate the house in dispute immediately on the death of her mother. 5. In view of the above, learned counsel for the petitioners was permitted to file undertaking on affidavit. 6. In pursuance to the above petitioner no. 2 has filed his personal affidavit stating that he is ready and willing to vacate the premises in dispute in the eventuality of the unfortunate death of her mother, petitioner no. 1 and that he would vacate the premises in dispute within six months of her death. He will continue to pay rent of Rs. 500/- per month as directed by this Court till the date of occupation. 7. Petitioner no. 1, the mother of petitioner 2 God willingly may live long. However, as the parties are agreeable to end the litigation, considering the equities, it is provided that the petitioners shall vacate the premises in dispute within a maximum period of five years from today or within a period of six months of unfortunate death of petitioner no. 1 whichever is earlier subject to payment of rent of Rs. 500/- per month till it is vacated. 8. The writ petition is dismissed affirming the judgment and order of the appellate court in terms of the above settlement to which both parties are agreeable.