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2015 DIGILAW 1364 (ALL)

Nathu Ram v. Kamini @ Kammo @ Kamani Singh

2015-05-25

ASHWANI KUMAR MISHRA

body2015
JUDGMENT Ashwani Kumar Mishra, J. Landlord's SCC Suit has been decreed by both the courts below with a finding that the tenant had defaulted in payment of rent. 2. Learned counsel for the petitioner submits that the issues for determination were not properly framed and the findings are perverse. Submission is refuted by Sri Agrawal, learned counsel appearing on behalf of the landlord. 3. Learned counsel for the petitioner-tenant submits that the petitioner be allowed a reasonable opportunity to vacate the premises. 4. Considering the above, it would be appropriate to observe that in case the petitioner deposits the decreetal amount alongwith advance rent of 6 months, within one month from today, alongwith an undertaking that the petitioner shall hand over the possession of the premises in question to the land lord, the petitioner would be allowed to continue in possession of the premises for a further period of 6 months. 5. Subject to the aforesaid modification, no interference in the order impugned, is called for and consequently petition fails and is consigned to records. In case the undertaking within the period provided is not furnished or premises is not vacated after 6 months, it would be open for the landlord to initiate appropriate steps, in accordance with law.