Gulab v. State of U. P. Through District Magistrate Lko.
2015-06-12
RAKESH SRIVASTAVA
body2015
DigiLaw.ai
JUDGMENT Rakesh Srivastava, J. Heard Shri Rajiv Singh, learned counsel for the petitioners and the learned standing counsel appearing on behalf of opposite party no. 1. 2. By means of this petition the petitioners have challenged the judgment and order passed by the Additional District Judge, Court No.3, Lucknow in SCC Revision No.1300003 of 2011, Gulab & Anr. v. Mahavir and the judgment and order dated 16.10.2010 passed by SCC Court, Lucknow in SCC Case No.163 of 2005, Mahavir v. Gulab & Anr. and for a direction to the respondents not to interfere in the peaceful possession of the petitioners in pursuance of the impugned orders. 3. The petitioners claim that they are the owner of Plot No.66, Village Akilpur Secretariat Colony, Jankipuram, Police Station Vikas Nagar, District Lucknow. After arguing at some length, learned counsel for the petitioners states that the petitioners, who are present in Court, are extremely poor persons, but they are ready to vacate the property in dispute provided some reasonable time is provided to them. 4. In view of the proposal to be passed, notice to opposite party no. 3 is dispensed with . 5. In view of the statement made by learned counsel for the parties the petitioners are granted time upto 31.08.2016 to vacate the house in dispute subject to the following terms and conditions: - a. The petitioner shall file an affidavit before the Prescribed Authority/Judge, Small Causes Court, Lucknow by 10.07.2015 containing the undertaking that they would hand over peaceful vacant possession of the house in dispute on or before 31.08.2016. b. In case the affidavit containing the undertaking mentioned above is filed before the Prescribed Authority/ Judge, Small Causes Court, Lucknow within the time mentioned above, the petitioner shall not be evicted from the house in dispute up to 31.08.2016. c. In case the affidavit containing the undertaking is not filed before the Prescribed Authority/ Judge, Small Causes Court, Lucknow by 10.7.2015 the petitioner shall not be entitled to the benefit of the order passed today and in that eventuality the petitioner shall be liable to be evicted forthwith and shall also be liable to pay the entire decretal amount along with interest as also rent/damages @ Rs.800/- per month for use and occupation of the property in dispute.
d. If after filing the undertaking, the peaceful vacant possession of the property in dispute is not handed over by the tenant-petitioner to the opposite party by 31.08.2016, then the petitioner shall be liable to pay rent/ damages @ Rs.1500/- per month till the property in dispute is actually vacated. 6. The direction for payment of Rs.1,500/- per month is in addition to the right of the land lord to file contempt petition and to get the accommodation in dispute evicted through execution.