Chunni Lal Dwivedi v. Addl District & Sessions Judge Court No. 3 Lucknow
2014-10-15
MAHENDRA DAYAL
body2014
DigiLaw.ai
JUDGMENT Mahendra Dayal,J. Heard learned counsel for the parties. 2. The petitioner being aggrieved by the judgment and order dated 07.08.2014 passed by the Additional District Judge, Court No.3, Lucknow dismissing the S.C.C. Revision No.106 of 2013 and judgment and order dated 24.09.2013 passed by the Additional Judge Small Causes Court, Lucknow in SCC Suit No.94 of 2012 decreeing the SCC Suit with cost, has filed this writ petition. 3. The opposite party no.3 being the landlord of House NO.51/60 situate at Mohalla Udaiganj Road Tipurwa (Ahta Turab Khan) Thana Husainganj, Lucknow filed a suit for arrears of rent and ejectment against the petitioner with the allegations that the petitioner was tenant in the aforesaid house @ Rs.500/- per month and he did not pay the rent w.e.f. 01.01.2005 till 31.05.2012. Thereafter, the opposite party no.3 issued a notice to the petitioner terminating his tenancy and requiring him to vacate the house under tenancy on the expiry of 30 days from the date of service of notice. The petitioner contested the case, but the learned Additional Judge Small Causes Court recorded a finding that the petitioner has committed default in making the payment of rent and as such he is liable to be vacated from the premises in question. While passing the impugned judgment, the learned Additional Judge Small Causes Court directed the petitioner to vacate the premises in question within sixty days and also pay the arrears of rent and damages @ Rs.200/- per month. 4. Feeling aggrieved by the judgment and decree passed by the learned Additional Judge Small Causes Court, Lucknow, the petitioner preferred a SCC Revision No.106 of 2013 in the Court of District Judge, Lucknow, which was dismissed by Additional District Judge, Court No.3, Lucknow vide judgment and decree dated 07.08.2014. Learned revisional Court came to the conclusion that the judgment passed by the learned Additional Judge Small Causes Court was in accordance with law and was also based on correct appraisal of facts and on the basis of the aforesaid finding the judgment and decree of the learned Additional Judge Small Causes Court was confirmed. 5. During the course of arguments before this Hon'ble Court, the petitioner who is tenant has prayed for some time to vacate the premises in question. He has made a prayer to the Court that a year's time be provided to him to vacate the premises in question.
5. During the course of arguments before this Hon'ble Court, the petitioner who is tenant has prayed for some time to vacate the premises in question. He has made a prayer to the Court that a year's time be provided to him to vacate the premises in question. Learned counsel for the opposite party no.3 firstly stated that the period sought by the petitioner to vacate the premises is very long, but agreed to give a year's time to the petitioner to vacate the premises. 6. In view of above, the writ petition is finally disposed of with the direction that the petitioner shall vacate the premises in question within a year from today and shall also pay the remaining arrears of rent and damages till the date of occupation. It is also made clear that in case the premises in question is not vacated within the aforesaid period, it will be open for the opposite party no.3 to get the possession of the disputed premises along with arrears of rent and damages through the Court. 7. In the result, the writ petition is disposed of. 8. No order as to cost.