Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 2696 (ALL)

Shalig Ram Alias Sarwan v. Additional District Judge,Court No. 4 Lucknow

2015-09-01

DEVENDRA KUMAR ARORA

body2015
JUDGMENT Dr. Devendra Kumar Arora, J. Supplementary affidavit filed today on behalf of the petitioner is taken on record. 2. Heard learned counsel for the petitioner/tenant and Mr. Girish Kumar Dwivedi, learned counsel for the opposite party No.3/landlord. 3. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner has inter alia challenged the order dated 1.8.2015 passed by the Additional District Judge, Lucknow (opposite party No.1) in Rent Appeal No. 14 of 2013 : Shalig Ram alias Sarwan Vs. Rajesh Kumar Gupta, whereby the Appellate Court dismissed the appeal and confirmed the order dated 8.2.2013 passed by the Prescribed Authority, allowing the release application. Petitioner has also assailed the judgment and order dated 8.2.2013 passed by the Prescribed Authority/Judge, Small Causes Court, Lucknow (opposite party No.2) in P.A. Case No. 61 of 2010 : Rajesh Kumar Gupta Vs. Salig Ram alias Sarwan, whereby the Prescribed Authority allowed the application preferred by Rajesh Kumar Gupta (opposite party No.3 herein) under Section 21 (1) (A) of U.P. Act No. 13 of 1972 and directed Shalig Ram alias Sarwan (petitioner herein) to vacate the shop in question and hand over the peaceful possession of the shop in question to Rajesh Kumar Gupta (opposite party No.3). 4. After arguing the matter at some length, learned counsel for the petitioner submits that the petitioner is ready to vacate the shop in question but he may be provided one year further time to vacate and hand over the shop in question to the opposite party No.3, to which Mr. Girish Kumar Dwivedi, learned Counsel for the opposite party No.3 submits that interest of justice would suffice, if ten months time be granted to the petitioner for vacating and handing over the shop in question to the opposite party No.3 as the contesting opposite party is in dire need of the shop in question. 5. Appreciating the submissions of the learned counsel for the parties, this court comes to the conclusion that ten months' time would be sufficient for the petitioner to search alternate shop/premises. 6. Accordingly, the writ petition is disposed of finally with a direction to the petitioner/tenant to vacate the shop in question on or before 30.6.2016 and hand over the peaceful possession to the landlord/opposite party No.3. 6. Accordingly, the writ petition is disposed of finally with a direction to the petitioner/tenant to vacate the shop in question on or before 30.6.2016 and hand over the peaceful possession to the landlord/opposite party No.3. However, the petitioner will pay rent at the rate of Rs.1000/- per month to the opposite party No.3/landlord for the use and occupation of the shop in question for the aforesaid period. 7. Subject to above modification, the other conditions enumerated in the Appellate Court judgment dated 1.8.2015 shall remain intact.