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2015 DIGILAW 1789 (ALL)

Musharraful Aen Siddiqui v. Milind Srivastava

2015-07-07

RAN VIJAI SINGH

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JUDGMENT Ran Vijai Singh, J. Heard Sri H.N.Singh, learned Senior counsel assisted by Sri S.C.Upadhyay, learned counsel for the revisionist and Sri A.K.Gupta, learned Counsel appearing for the opposite party no.1. 2. This revision has been filed against the judgment and decree dated 14.4.2015 passed by the Judge Small Causes Court/Additional District Judge, Court No. 8, Varanasi in SCC Suit No. 08 of 2012 (Milind Srivastava vs. Musarraful-Aen-Siddiqui and others) by which the suit filed by the opposite party seeking eviction of the revisionist on the ground of default in payment of rent and material alteration, has been decreed. 3. Sri A.K.Gupta has filed caveat on behalf of the landlord. Sri Singh, who appears for the revisionist submits that although learned Judge, Small Causes Court has erred in many manners in decreeing the suit but to avoid further litigation in case the landlord grants one year more time to vacate the premises in dispute he will not press the revision. Sri Gupta, who appears for the landlord submits that he will have no objection in case the revisionist files an undertaking before the Judge, Small Causes Court/ Additional District Judge, Varanasi that he will vacate the accommodation in dispute by 7th July, 2016 he will not put the decree for execution. 4. With the consent of the parties the revision is disposed of with the observation that in case the revisionist files an undertaking before the Judge, Small Causes Court/ Additional District Judge, Varanasi within three weeks stating therein that he will vacate the premises by 7th July, 2016 the eviction of the revisionist from the premises in dispute shall remain stayed. However the revisionist is directed to pay monthly rent as and when it falls due. 5. It is also observed that even after filing of undertaking if the revisionist chooses not to hand over possession on or before 7th July, 2016 the Senior Superintendent of Police, Varanasi is directed to ensure delivery of possession to the landlord forcefully within a period of one week from the date of filing of application by the landlord for the said purpose.