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2016 DIGILAW 1513 (ALL)

Manish Kumar Nigam v. Surendra Kumar Bejroi

2016-04-22

RAKESH SRIVASTAVA

body2016
JUDGMENT Rakesh Srivastava, J. – Heard Shri Brijesh Kumar Saxena, learned counsel for the revisionist and Shri Amit Dwivedi, learned counsel for the respondent. 2. Shri Manish Kumar Nigam-the revisionist is a tenant of shop no. 4 owned by Shri Surendra Kumar Bejroi-opposite party. The shop is situated in House No. 624/C/07 opposite UCO Bank, Satrikh Road, Chinhat Tiraha, Lucknow. 3. The opposite party filed a SCC Suit No. 65 of 2011 (Surendra Kumar Bejroi v. Manish Kumar Nigam) for ejectment, recovery of arrears of rent and damages for use and occupation against the revisionist. On 10.03.2016 the said suit was decreed by the Additional District Judge (Court No. 9) (E.C. Act) Lucknow. The judgment and decree dated 10.03.2016 is under challenge in the present revision. 4. After arguing at some length, Shri Brijesh Kumar Saxena, the learned counsel for the revisionist, states that in case some reasonable time is granted to the revisionist, the revisionist would vacate the shop in dispute. Shri Amit Dwivedi, learned counsel for the opposite party, has no objection to the request made on behalf of the revisionist. 5. In view of the above, with the consent of Shri Brijesh Kumar Saxena, learned counsel for the revisionist and Shri Amit Dwivedi, learned counsel for the respondent, Shri Manish Kumar Nigam-the revisionist is granted time upto 30.04.2017 to vacate the shop in dispute subject to following terms and conditions: - a. For the period of one year i.e. upto 30.04.2017, which has been granted to the tenant-revisionist to vacate the shop in dispute, the revisionist shall pay to the opposite party rent at the rate of Rs. 3,000/- per month w.e.f. 01.05.2016. b. The opposite party shall be entitled to withdraw the entire amount deposited by the revisionist in the court below towards rent. Apart from the above, the revisionist, shall pay a sum of Rs. 20,210/- towards arrears of rent to the opposite party by 29.04.2016. c. The revisionist shall file an affidavit before Additional District Judge (Court No. 9) (E.C. Act) Lucknow, by 29.04.2016, containing the undertaking that he would handover peaceful vacant possession of the shop in dispute before 30.04.2017 and that from the month of May, 2016 the tenant-revisionist shall pay Rs. 3,000/- per month to the opposite party towards rent for the shop in dispute. 3,000/- per month to the opposite party towards rent for the shop in dispute. d. In case, the affidavit containing the undertaking mentioned above is filed before Additional District Judge (Court No. 9) (E.C. Act) Lucknow, by 29.04.2016 and a sum of Rs. 20,210/- is paid to the opposite party by the said date, the revisionist shall not be evicted from the shop in dispute till 30.04.2017. e. In case, the affidavit, containing the undertaking is not filed by 29.04.2016 or a sum of Rs. 20,210/- towards arrears of rent is not paid to the opposite party within the time mentioned above, the revisionist-tenant shall not be entitled to the benefit of the order passed today and in that eventuality the revisionist shall be liable to be evicted forthwith. f. If, after filing the undertaking and depositing the decretal amount, the peaceful vacant possession of the shop in dispute is not handed over by the tenant-revisionist to the opposite party-landlord by 30.04.2017, then the revisionist-tenant shall be liable to pay rent/ damages @ of Rs. 5,000/- per month till the shop in dispute is actually vacated. g. The direction for payment of Rs. 5,000/- per month is in addition to the right to the landlord to file contempt petition and to get vacated the shop in dispute through execution. 6. Revision is disposed of accordingly. Revision disposed of.