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2014 DIGILAW 3507 (ALL)

Usha Shukla v. Addl. District Judge, Room No. -1, Faizabad

2014-11-25

ANIL KUMAR

body2014
JUDGMENT Anil Kumar, J. Heard Sri Sunil Kumar Singh, learned counsel for revisionist, Sri Rakesh Kumar Srivastava, leanred counsel for respondent and perused the record. 2. Facts in brief of the present case are that the respondent/Sri Vijay Bihari Lal who is the owner of the property in dispute filed a S.C.C. suit No. 6 of 2012 (Vijay Bihari Lal Vs. Smt. Usha Shukla) in the court of Additional District Judge, Court No. 1, Faizabad for eviction , arrears of rent and damages. 3. By means of the judgment and decree dated 20.11.2013, the same was partly decreed in respect to the arrears of rent. 4. Aggrieved by the said order, present revision has been filed by the tenant/Smt. Usha Shukla under Section 25 of the Provincial Small Cause Courts Act, 1887. 5. Sri R.K. Srivastava, learned counsel for respondent submits that a sum of Rs. 73,401/- is due against the revisionist till the date of passing of the judgment and decree? and? Rs. 24,375/-, till? 20.11.2014, so Rs. 97,791/- to be paid (uptil 20.11.2014) by the revisionist/tenant after adjusting the advance rent of Rs. 75,000/-.? 6. Further, Sri R.K. Srivastava, learned counsel put an offer that in case if the tenant/revisionist gives a sum of Rs. 90,000/- to the respondent within a time frame as fixed by this Court, the mater in question may be disposed of. 7. Sri Sunil Kumar Singh, learned counsel for revisionist, after consulting his client? submits that she is ready to give a sum of Rs. 15,000/- within three days and remaining amount within four weeks thereafter and also give rent/ damages for use and occupation of the premises in question each and every month. 8. Sri Rakesh K. Srivastava, learned counsel for respondent has no objection to the abovesaid request. 9. For the foregoing reasons, the revision is disposed of with a direction that the revisionist/tenant/Smt. Usha Shukla shall give Rs. 15,000/- within one week from today and the remaining amount i.e. Rs. 75,000/- to the respondent within four weeks, thereafter and also pay the rent/damages for use and occupation for the premises in question each and every month on or before 7th day of the month.