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2016 DIGILAW 2897 (ALL)

Rekha Singhal v. Rekha Choubey

2016-08-22

ATTAU RAHMAN MASOODI

body2016
JUDGMENT Attau Rahman Masoodi, J. -- This civil revision is directed against the judgement/decree passed by the Judge, Small Causes in S.C.C. Suit No. 42/2002, decreeing the suit for eviction and arrears of rent against the revisionist. There is no outstanding current liability insofar as damages in terms of the impugned decreed is concerned, however, arrears of rent deposited before the court below are allowed to be withdrawn by the opposite parties subject to the observations made hereunder. 2. Sri H.G.S. Parihar, learned senior counsel for the revisionist assisted by Sri Abhijit Raj, has very aptly put forth his arguments on the aspect of alleged default in the payment of rent by drawing attention of the Court to the contradictory statement made by the landlady in her cross-examination, which according to him constituted an admission on her part as regards receipt of rent contrary to what the statement of notice determining tenancy was based on. The other aspects of the matter were also argued at length. 3. Sri Mohd. Shakeel, learned counsel appearing for the opposite party drawing attention of the Court to the same cross-examination, has explained that the statement so made is bound to be understood as a whole and in the last part of the statement, the landlady has clearly supported the case set up in the notice. 4. In the totality of circumstances and looking to the fact that money order sent by the revisionist would not be read as a part of record, the findings recorded by the court below being question of fact were not open to be disturbed. 5. At this stage learned counsel for the revisionist has expressed his willingness to vacate the rental premises provided a reasonable time is granted to him by modifying the decree impugned. Learned counsel for the opposite party has not opposed the prayer and rightly so, for the reason that the premises in question is a commercial space. It is agreed between the parties that the premises in question shall be handed over to the opposite party on or before 22.10.2017. However, the damages for the period up to 22.10.2007 shall be duly paid regularly every month till vacant possession of the shop in question is delivered to the opposite party without any encumbrances. 6. It is agreed between the parties that the premises in question shall be handed over to the opposite party on or before 22.10.2017. However, the damages for the period up to 22.10.2007 shall be duly paid regularly every month till vacant possession of the shop in question is delivered to the opposite party without any encumbrances. 6. The revision was filed by Smt. Rekha Singhal and upon her death Sri Yogendra Kumar Singhal (husband) and Anurag Singhal (son) have been substituted as revisionists at 1/1 and 1/2. The consent to vacate the shop was openly tendered by Sri Yogendra Kumar Singhal on behalf of the revisionists and is accordingly being put on record. 7. The revision stands disposed of finally.