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2014 DIGILAW 2629 (ALL)

Mahesh Chandra v. District Judge, Raebareli

2014-08-27

RAKESH SRIVASTAVA

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JUDGMENT Rakesh Srivastava,J. Heard Sri Anurag Srivastava, learned counsel for the petitioner and Sri Bireshwar Nath, learned counsel for the respondent no. 3. 2. The petitioner is a tenant in a shop owned by Sri Krishna Kumar Gupta, the opposite party no. 3. The shop is situated at Nai Bazar, Lalganj, Pargana and Tehsil Lalganj, District Raebareli. 3. The opposite party no. 3 filed a suit for ejectment, recovery of arrears of rent and damages for use and occupation against the petitioner. On 21.05.2010, the said suit was decreed by the Judge Small Causes/Civil Judge (S.D.), Court No. 14, Raebareli. 4. The revision preferred by the opposite party no. 3 against the judgment and decree dated 21.05.2010 was dismissed by the District Judge Raebareli, on 25.08.2010. 5. The judgment and decree dated 21.05.2010 passed by the opposite party no. 2 in S.C.C. Suit No. 3 of 2007 and the judgment and order dated 25.08.2010 passed by the opposite party no. 1 in Revision No. 29 of 2010 are under challenge in the present writ petition. 6. After arguing at some length, Sri Anurag Srivastava, the learned counsel for the petitioner, states that in case some reasonable time is granted to the petitioner, the petitioner would vacate the shop in dispute. Sri Bireshwar Nath, learned counsel for the respondent no. 3, has no objection to the request made on behalf of the petitioner. 7. In view of the above, with the consent of Sri Anurag Srivastava, the learned counsel for the petitioner and Sri Bireshwar Nath, learned counsel for the respondent no. 3, the petitioner is granted time upto 31.01.2015 to vacate the shop in dispute subject to the following terms and conditions: - 8. a. For the period of five months, which has been granted to the tenant-petitioner to vacate the shop in dispute, the petitioner shall pay to the opposite party no. 3 rent @ Rs. 1000/- per month w.e.f. August 2014. b. The petitioner shall file an affidavit before the Judge Small Causes/Civil Judge (S.D.), Court No. 14, Raebareli by 04.09.2014, containing the undertaking that he would hand over peaceful vacant possession of the shop in dispute on or before 31.01.2015 and that from the month of August 2014 the petitioner shall pay Rs. 1000/- per month to the opposite party no. 3 as rent damages for the use and occupation of the shop in dispute. 1000/- per month to the opposite party no. 3 as rent damages for the use and occupation of the shop in dispute. c. The petitioner shall deposit the entire arrears of rent due till date along with interest @ 10% per annum before the Judge Small Causes/Civil Judge (S.D.), Court No. 14, Raebareli by 31.10.2014 for immediate payment to the opposite party- land lord. d. In case, the affidavit containing the undertaking mentioned above is filed before the Judge Small Causes / Civil Judge (S.D.), Court No. 14, Raebareli within time mentioned above, the petitioner shall not be evicted from the shop in dispute upto 31.01.2015. e. In case, the affidavit containing the undertaking is not filed before the Judge Small Causes / Civil Judge (S.D.), Court No. 14, Raebareli by 04.09.2014 or the entire arrears of rent along with interest is not deposited within the time mentioned above the petitioner shall not be entitled to the benefit of the order passed today and in that eventuality the petitioner shall be liable to be evicted forthwith and shall also be liable to pay the entire arrears of rent along with interest and also rent/damages @ Rs. 1000/- per month from the month of August 2014 for use and occupation of the shop in dispute. f. If after filing the undertaking and depositing the decretal amount, the peaceful vacant possession of the property in dispute is not handed over by the tenant-petitioner to the opposite party no. 3 by 31.01.2015 then the petitioner shall be liable to pay rent/damages @ Rs. 5000/- per month till the property in dispute is actually vacated. 8. The direction for payment of Rs. 5,000/- per month is in addition to the right of the land lord to file contempt petition and to get the accommodation in dispute evicted through execution. 9. Writ petition is disposed of accordingly.