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2015 DIGILAW 826 (RAJ)

LRs of Nisar Mohammad v. Chandra Prakash

2015-04-13

ARUN BHANSALI

body2015
JUDGMENT 1. - Mr. Boob, learned counsel has put in appearance on behalf of the respondent. A limited notice was issued by this Court on the prayer of the petitioners for granting extra time on reasonable terms and conditions for vacating the premises in question. 2. Heard learned counsel for the parties regarding grant of extra time to vacate the suit premises. 3. Learned counsel for the petitioners prays for grant of one year's time for vacating the suit premises on the ground that the suit shop is in possession of the petitioner for last many years and they have settled business and therefore, would require atleast one year for the purpose of shifting their business from the suit shop to some reasonable accommodation. 4. It is submitted that reasonable rent may be fixed for the period of one year. 5. Learned counsel appearing for the respondent vehemently oppose the grant of one year's time and submits that one year's period cannot be said to be reasonable. It is submitted that the rent of nearby shops is huge, however, the petitioners are paying a meagre sum of Rs. 400/- per month and that also is in arrears. 6. Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the petitioners to vacate the suit premises by 30th April, 2016 and allow mesne profit to the respondent until the petitioners vacate the suit premises @ Rs. 2000/- per month from the month of April, 2015 till April, 2016. 7. In view of the above, the learned counsel for the petitioners seeks withdrawal of the writ petition and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the petitioners are granted time to vacate the suit premises by 30th April, 2016 on the following conditions:- (i) the petitioners shall submit an undertaking supported by affidavit before the rent tribunal within 3 weeks from today to the effect that on or before 30th April, 2016 they shall handover the peaceful and vacant possession of the suit premises to the respondent-landlord. They shall also undertake not to cause any damage to the premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) the petitioners shall deposit within three weeks the arrears, if any, of the rent/mesne profit and of the decretal amount and shall further pay to the landlord the amount for use and occupation of the suit premises @ Rs. 2000/- per month w.e.f. 01st April, 2015 or deposit the same in the saving bank account of the respondent month by month on or before 15th day of the next month. The respondent or learned counsel for the respondent will give the details of the bank account, in which, the arrears of rent or mesne profit/month to month mesne profit will be deposited, to the petitioners or counsel for the petitioners within a period of two weeks from today. (iii) it is made clear that in case the petitioners does not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent landlord to get the recovery certificate executed forthwith in accordance with law. No costs.Petition dismissed as withdrawn. *******