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2016 DIGILAW 3797 (ALL)

Satish Chandra Chaturvedi v. Devashish Sen

2016-11-24

RITU RAJ AWASTHI

body2016
JUDGMENT Ritu Raj Awasthi, J. -- Affidavit of Satish Chandra Chaturvedi, revisionist filed by Mr. Rakesh Pandey, learned counsel for the revisionist in the Court is taken on record. 2. This civil revision has been filed challenging the judgment and order dated 28.10.2015 passed in S.C.C. Suit No. 42 of 2011; Devashish Sen Vs. Satish Chandra Chaturvedi, whereby the learned Court below has allowed the suit for arrears of rent and ejectment and has provided that the revisionist/defendant shall vacate the premises in question within sixty days and shall pay the arrears of rent and damages etc. within the said period. 3. After arguing the matter at some length on the last date, learned counsel for the revisionist had submitted that the revisionist is ready to vacate the house in question and hand over the possession to the respondent-landlord within a reasonable time. He was required to file an affidavit giving copy of the same within three days. The affidavit in this regard has been filed by the revisionist praying for one year's time to vacate the premises in question. 4. Mr. Rakesh Pandey, learned counsel for the revisionist, however, submits that if this Court finds one year's time as excessive then six months' time may be provided to the revisionist to vacate the premises in question. 5. Mr. Shachindra Pratap Singh, learned counsel for the respondent, on the other hand, submits that the respondent is in dire need of the premises in question as there is space crunch and six months' time would also be excessive for vacation of the premises in question. 6. Considering the submissions made by the parties' counsel, it is hereby provided that the revisionist shall hand over vacant and peaceful possession of the premises in question to the respondent-landlord latest by 30th April, 2017. During the period of occupation, the revisionist shall pay rent by 7th day of every month and shall not make any alteration/addition/renovation in the premises in question. He shall also make payment of arrears of rent and damages etc. as per the terms of the decree within one month from today after deducting the amount, if any, already deposited. 7. The respondent-landlord shall be entitled to the amount deposited by the revisionist in this regard. He shall also make payment of arrears of rent and damages etc. as per the terms of the decree within one month from today after deducting the amount, if any, already deposited. 7. The respondent-landlord shall be entitled to the amount deposited by the revisionist in this regard. In case the revisionist fails to hand over the peaceful vacant possession of the premises in question within the time prescribed as above, the respondent would be entitled to take vacant possession of the premises in question in accordance with law by getting the order impugned executed. 8. With these observations, the civil revision stands disposed of.