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2014 DIGILAW 2872 (ALL)

Abdul Ateeq Alias Aggan v. Mehar Jahan

2014-09-15

RAKESH SRIVASTAVA

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JUDGMENT Rakesh Srivastava,J. Heard Shri Munnawar Sultan, learned counsel for the petitioner. 2. The petitioner is a tenant in house no. 265/74-75, Victoria Ganj, Lucknow. The application for release moved by the landlord under Section 21 of the U.P. Act XIII of 1972, was allowed by the Prescribed Authority on 15.09.2012. 3. The Appeal preferred by the petitioner, against the judgment & order dated 15.09.2012, has been dismissed on 23.05.2014. Hence this appeal. 4. After arguing at some length, Shri Munawwar Sultan, learned counsel for the petitioner, states that in case some reasonable time is granted to the petitioner, the petitioner shall vacate the house in dispute. 5. Since no order adverse to the interest of private respondents is going to be passed, notices are not being issued to them. 6. In view of the above, As prayed by Sri Munawwar Sultan, learned counsel for the petitioner, the petitioner is granted time upto 30.09.2015 to vacate the house in dispute subject to the following terms and conditions: - a. For the period of one year, which has been granted to the tenantpetitioner to vacate the house in dispute, the petitioner shall pay to the opposite parties rent @ Rs. 1000/- per month w.e.f. September, 2014. b. The petitioner shall file an affidavit before the Prescribed Authority/Ist Additional Judge, Small Causes, Court No. 18, Lucknow by 22.09.2014, containing the undertaking that he would hand over peaceful vacant possession of the house in dispute on or before 30.09.2015 and that from September, 2014 the petitioner shall pay Rs. 1000/- per month to the respondents as rent damages for the use and occupation of the house in dispute. c. The petitioner shall deposit the entire arrears of rent, if any, alongwith interest @ 10% per annum before the Prescribed Authority/Ist Additional Judge, Small Causes, Court No. 18, Lucknow by 21.10.2014 for immediate payment to the opposite party-landlord. d. In case, the affidavit containing the undertaking mentioned above is filed before the Prescribed Authority/Ist Additional Judge, Small Causes, Court No. 18, Lucknow within the time mentioned above, the petitioner shall not be evicted from the house in dispute upto 30.09.2015. d. In case, the affidavit containing the undertaking mentioned above is filed before the Prescribed Authority/Ist Additional Judge, Small Causes, Court No. 18, Lucknow within the time mentioned above, the petitioner shall not be evicted from the house in dispute upto 30.09.2015. e. In case, the affidavit containing the undertaking is not filed before the Prescribed Authority/Ist Additional Judge, Small Causes, Court No. 18, Lucknow by 22.09.2014, 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 Rs. 5000/- per month from the month of September, 2014 for use and occupation of the house in dispute. f. If after filing the undertaking, the peaceful vacant possession of the house in dispute is not handed over by the tenant-petitioner to the respondents, by 30.09.2015 then the petitioner shall be liable to pay rent/damages @ Rs. 5000/- per month till the house in dispute is actually vacated by him. 7. The direction for payment of Rs. 5,000/- per month is in addition to the right of the landlord to file contempt petition and to get the accommodation in dispute evicted through execution. 8. Writ petition is disposed of accordingly.