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2016 DIGILAW 4078 (ALL)

Santosh Kumar v. Rakesh Mishra

2016-12-17

ANJANI KUMAR MISHRA

body2016
JUDGMENT Anjani Kumar Mishra, J. -- Rejoinder affidavit has been filed in Court today. The same is taken on record. 2. Heard Shri Satyendra Kumar Singh, counsel for the revisionist and Shri Bairister Singh, counsel for the opposite party. 3. The instant revision is directed against the judgment and order dated 30.01.2016 passed by the Additional District and Session Judge, Court No.1, Varanasi, in SCC Suit No.59 of 2014. 4. This suit was filed on the ground that as per the lease agreement between the parties, the accommodation in question has been let out to the revisionist on a monthly rent of Rs.25,00/- per month. The rent agreement contained in clause that in case, the shop in question was required for the personal need of the landlord and a notice in this regard was served upon the tenant, he would vacate the shop, thereafter. 5. It appears that such a notice was actually served upon the revisionist. This finding has been returned on the basis of the delivery report, which is available on the website of the postal department. 6. Since the tenancy was to terminate upon the happening of an event, which had in fact taken place and a notice in this regard was held to be served upon the tenant, but he failed to vacate the premises, the suit was filed and it has been decreed. 7. Upon hearing, counsel for the revisionist and upon a perusal of the record, I do not find any illegality in the impugned order. 8. At this stage, counsel for the revisionist prays for some reasonable time to vacate the shop in question. 9. Subject to the revisionist defendant furnishing the usual undertaking before the Court below within three weeks from today stating therein that they shall hand over vacant possession of the shop in question to the opposite party on or before 18.06.2017. The order of eviction may not be executed against the revisionist till that date. 10. It is further provided that along with the undertaking the revisionist shall furnish one Bank Draft for the rent for a period of four months calculated @ Rs.2500/- per month i.e. Rs.10,000/- . For the remaining two months rent shall be payable @ Rs.5000/- per month and another Bank Draft for sum of Rs.10,000/- shall be furnished along with the undertaking. 11. For the remaining two months rent shall be payable @ Rs.5000/- per month and another Bank Draft for sum of Rs.10,000/- shall be furnished along with the undertaking. 11. It shall, however be open for the revisionist to furnish a single Bank Draft for Rs.20,000/- which will be deemed to be sufficient compliance of this order. 12. In the event of default regarding any of the conditions specified above, the revisionist shall not be entitled to any benefit under this order and it will be open for the opposite party to execute the decree of eviction forthwith. 13. Subject to the above directions, this revision is dismissed.