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2014 DIGILAW 3437 (ALL)

Shiv Prasad Chaurasiya v. Dayaram Chaurasiya

2014-11-19

RAN VIJAI SINGH

body2014
JUDGMENT Ran Vijai Singh, J. Heard Sri Pt. K.K.Dubey, learned counsel for the petitioner and Sri K.K.Tiwari, learned counsel for the respondent. 2. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the orders dated 6.11.2012 passed by the Prescribed Authority under U.P.Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972 in Case No. 5 of 2010 and judgment and order dated 9.9.2014 passed by the Additional District Judge, Court No. 2,Jhansi in Rent Control Appeal No. 30 of 2012. 3. Vide order dated 6.11.2012, release application filed by the respondent under Section 21 (1) (a) of U.P.Act No. 13 of 1972, seeking release of the shop, has been allowed.Whereas by the subsequent order dated 9.9.2014, appeal, filed by the petitioner against the judgment and order dated 6.11.2012 passed by the prescribed authority, has been dismissed. 4. Sri Dubey, at the very outset, submits, that although both the courts below have erred in passing the impugned orders but to avoid further litigation, in case, the petitioner is granted six months' time to vacate the shop in dispute, he will not press his writ petition. 5. Sri K.K.Tiwari, who appears for the respondent, submits that he has no objection provided the petitioner files an undertaking within a period of three weeks from today before the learned prescribed authority that he will vacate the shop in dispute and handover the peaceful possession to the respondent landlord by 21st May, 2015. 6. Having heard learned counsel for the parties, this writ petition is disposed of with the liberty to the petitioner to file an undertaking before the learned prescribed authority that he will vacate the shop in dispute by 21st May, 2015 and shall also pay month to month rent to the respondent landlord. In case, such an undertaking is filed within the time granted by this Court, eviction of the petitioner from the shop in dispute, pursuant to the release order dated 6.11.2012, shall remain stayed till 21st May, 2015. In case, the petitioner chooses not to vacate the shop in dispute even after expiry of six months, the S.S.P. Jhansi, on an application by the landlord, is directed to evict the petitioner forcefully and handover the peaceful possession to the landlord after 21st May 2015.