Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 3435 (ALL)

Girish Chandra Gupta v. Ajit Benedict

2015-11-02

SUNEET KUMAR

body2015
JUDGMENT Suneet Kumar, J. Heard learned counsel for the applicant and Ms. Ainakshi Sharma and Sri Pankaj Srivastava learned counsel appearing on behalf of the respondent. 2. A suit was filed before the Small Causes Court at Allahabad for eviction, arrears of rent and damages. The suit property being a shop, the suit was decreed. Aggrieved, the applicant preferred a revision which has been dismissed by order dated 11.09.2015 passed in JSCC Revision No. 11 of 2014. 3. Only prayer pressed by learned counsel for the tenant/applicant is that he may be granted some reasonable time to vacate the suit property being a shop. 4. It is, therefore, provided that in case the applicant gives an undertaking on oath before the court below that he shall vacate the premise in question and hand over the possession of the same peacefully to the respondent-landlords on or before 31 October 2016, eviction of the applicant be not done till then. The aforesaid undertaking on oath shall be given by the applicant before the court below within a period of fifteen days from today and the applicant shall deposit the monthly rent/compensation @ Rs. 1500/- per month of the premises in question before the court below and shall continue to deposit the same by 07th of each calendar month till the vacation of the premises in question. Learned counsel for the applicant also undertakes to deposit the admitted arrears of six months rent from May 2004 to October 2004 within two months from today, which amount may be permitted to be withdrawn by the respondent-landlords after due verification by the court concerned. 5. In case of default, protection granted above to the applicant shall automatically stand vacated and the petition shall stand dismissed without reference to the Court. 6. Subject to the above, the petition is, accordingly, disposed of.