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2014 DIGILAW 2776 (ALL)

Saeed Ahmad v. Reena Mehrotra

2014-09-08

RAKESH SRIVASTAVA

body2014
JUDGMENT Rakesh Srivastava,J. Supplementary affidavit filed on behalf of petitioner, is taken on record. 2. Heard Sri D.C. Mukerjee, learned counsel for the petitioner. 3. The petitioner is a tenant in a shop owned by opposite party nos. 1 to 3. The shop is situated at Lalbagh to Eye Hospital Road near Santoshi Mata Mandir in front of Power House, which is also known as Futkar Civil Lines, Sitapur. 4. By means of the present writ petition, the petitioner has challenged the judgment and order dated 17.01.2014 passed by the Judge Small Causes Court, Sitapur in S.C.C. Suit No. 13 of 2005 and the judgment and order dated 06.08.2014 passed by the Additional District Judge, Court No. 8, Sitapur in S.C.C. Revision No. 02 of 2014. 5. After arguing at some length, Sri D.C. Mukerjee, the learned counsel for the petitioner, states that in case some reasonable time is granted to the petitioner, the petitioner shall vacate the shop in dispute. 6. In view of the above, the petitioner is granted time upto 31.08.2015 to vacate the shop in dispute subject to the following terms and conditions: - a. For the period of one year, which has been granted to the tenant-petitioner to vacate the shop in dispute, the petitioner shall pay to the opposite parties rent @ Rs. 500/- per month w.e.f. September 2014. b. The petitioner shall file an affidavit before the Judge Small Causes Court, Sitapur by 22.09.2014, containing the undertaking that he would hand over peaceful vacant possession of the shop in dispute on or before 31.08.2015 and that from the month of August 2014 the petitioner shall pay Rs. 500/- per month to the opposite parties 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 Court, Sitapur by 31.11.2014 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 Court, Sitapur within the time mentioned above, the petitioner shall not be evicted from the shop in dispute upto 31.08.2015. d. In case, the affidavit containing the undertaking mentioned above is filed before the Judge Small Causes Court, Sitapur within the time mentioned above, the petitioner shall not be evicted from the shop in dispute upto 31.08.2015. e. In case, the affidavit containing the undertaking is not filed before the Judge Small Causes Court, Sitapur by 22.09.2014 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. 5000/- per month from the month of September 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 parties by 31.08.2015 then the petitioner shall be liable to pay rent/damages @ Rs. 5000/- per month till the property in dispute is actually vacated. 7. 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 vacated through execution. 8. Writ petition is disposed of accordingly.