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2014 DIGILAW 3423 (ALL)

Mahesh Chandra Donia v. Anil Kumar Singhal

2014-11-17

PANKAJ MITHAL

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JUDGMENT Pankaj Mithal, J. Heard Sri S.C. Verma and Sri Murtaza Ali on behalf of revisionist and Sri V.K. Agarwal, learned counsel for the respondent. 2. The dispute is between the landlord and tenant in relation to Flat No. B-1/103 situated on Ground Floor Sector 17, Vasundhara, Ghaziabad. 3. The aforesaid flat was let out by the landlord on 17.07.2008 for a period of 11 months at the rate of Rs. 3,500/- per month. The landlord determined the tenancy by notice dated 08.10.2010 under Section 106 of the Transfer of Property Act. On such determination of tenancy the suit for the eviction of the tenant was filed which has been decreed by the impugned judgement and order dated 05.10.2012 passed by Additional District Judge exercising power of small causes Court. 4. The Court below in decreeing the suit for eviction of the tenant from the above flat has directed for payment of arrears of rent from August 2009 to 8th December, 2010 at the rate of Rs. 3,500/- per month total Rs. 49,000/- and damages for its used and occupation at the same rate from 08.10.2010 till the vacation of the flat. 5. It is admitted to the parties that the provisions of U.P. 13 of 72 are not applicable to the said flat. 6. In view of the above, when the tenancy has been determined, there is hardly any scope for the tenant to avoid eviction unless, the notice is proved to be invalid or that it has not been properly served. 7. There is nothing on record which may prove that the notice was invalid or that it was not properly served. It is not even the case that the said notice stood waived under Section 113 of the Transfer of Property Act. 8. In the above, circumstances, Sri S.C. Verma, learned counsel for the revisionist has very fairly accepted the decree of the Court below but prays that some reasonable time to vacate the flat may be granted to the tenant. 9. Sri V.K. Agarwal, learned counsel for the landlord leaves it upon to the Court to grant reasonable time subject to certain conditions as may be imposed. 10. 9. Sri V.K. Agarwal, learned counsel for the landlord leaves it upon to the Court to grant reasonable time subject to certain conditions as may be imposed. 10. In view of the aforesaid facts and circumstances, finding no merit in the revision the same is dismissed with direction to the tenant to vacate the flat in dispute within a period of six months from today subject to furnishing undertaking by him before the Court below within a period of one month that he will hand over peaceful and vacant possession of the flat within the aforesaid period and that he will clear of all the dues as decreed by the Court below. Any amount deposited by tenant shall be given adjustment. 11. The revision is dismissed with the above condition.