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2017 DIGILAW 85 (ALL)

Abdul Khaliq v. Kusum Lata Agarwal

2017-01-06

RAKESH SRIVASTAVA

body2017
JUDGMENT Rakesh Srivastava, J. -- Shri Abdul Khaliq-the petitioner- is a tenant of upper two floors of the Building bearing No. 332/78 situated at Phool Wali Gali, Police Station, Chowk, Lucknow owned by Smt. Kusum Lata Agarwal-the opposite party. 2. Smt. Kusum Agarwal the landlady filed a P.A. Case No. 91 of 2012 (Smt. Kusum Lata Agarwal vs. Shri Abdul Khaliq) for ejectment, recovery of arrears of rent and damages for use and occupation against the petitioner. On 23.12.2013 the said case was allowed by Ms. Shuchi Srivastava, Prescribed Authority/ Additional District Judge, Lucknow. The Rent Appeal No. 11 of 2014, (Abdul Khaliq v. Smt. Kusum Lata Agarwal) preferred by the petitioner against the order dated 23.12.2013 was dismissed by the Additional District Judge, Court No. 1, Lucknow. Hence this petition. 3. After arguing at some length, Shri Ganga Singh, the learned counsel for the petitioner, states that in case some reasonable time is granted to the petitioner, the petitioner would vacate the house in dispute. Shri Rajeiu Kumar Tripathi, learned counsel for the respondents, has no objection to the request made on behalf of the petitioner. 4. In view of the above, with the consent of Shri Ganga Singh, learned counsel for the petitioner and Rajeiu Kumar Tripathi, learned counsel for the respondent, Shri Abdul Khaliq-the petitioner is granted time upto 31.01.2018 to vacate the house in dispute subject to following terms and conditions: - a. For the period of one year i.e. upto 31.01.2018, which has been granted to the tenant-petitioner to vacate the house in dispute, the petitioner shall continue to pay rent to the opposite party. b. The petitioner shall file an affidavit before the Court of Additional District Judge, Lucknow, by 20.01.2017, containing the undertaking that he would handover peaceful vacant possession of the house in dispute to the opposite party-landlady on or before 31.01.2018. c. In case, the affidavit containing the undertaking mentioned above is filed before Court of Additional District Judge, Lucknow, by 20.01.2017, the petitioner shall not be evicted from the house in dispute till 31.01.2018. d. In case, the affidavit, containing the undertaking is not filed by 20.01.2017 the petitioner-tenant shall not be entitled to the benefit of the order passed today and in that eventuality the petitioner shall be liable to be evicted forthwith. d. In case, the affidavit, containing the undertaking is not filed by 20.01.2017 the petitioner-tenant shall not be entitled to the benefit of the order passed today and in that eventuality the petitioner shall be liable to be evicted forthwith. e. If, after filing the undertaking, the peaceful vacant possession of the house in dispute is not handed over by the tenant-petitioner to the opposite party-landlady by 31.01.2018, then the petitioner-tenant shall be liable to pay rent/ damages @ of Rs. 5,000/- per month till the house in dispute is actually vacated. f. The direction for payment of Rs. 5,000/- per month is in addition to the right of the landlady to file contempt petition and to get vacated the house in dispute through execution. 5. Writ petition is disposed of accordingly.