Sukhdev Minhas v. Santosh Sahni (deceased) Through Legal Representatives
2023-01-12
ALOK KUMAR VERMA
body2023
DigiLaw.ai
JUDGMENT Alok Kumar Verma, J. - The present Civil Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 12.12.2022, passed by the Judge, Small Cause Court/ IIIrd Additional District Judge, Dehradun in SCC Suit No. 16 of 2003, 'Smt Santosh Sahni (deceased) through Legal Representatives vs. Sukhdev Minhas', by which, the said SCC Suit has been decreed and by decreeing the said Suit, the learned Trial Court has directed the revisionist-defendant to handover the vacant possession of the suit property to the respondents-plaintiffs, further, the learned Trial Court has directed to the revisionist to pay arrears of rent and mesne profit, as directed by the judgment. 2. Heard Mr. Siddhartha Sah, learned counsel for the revisionist and Mr. Neeraj Garg, learned counsel for the respondents. 3. Mr. Siddartha Sah, learned counsel for the revisionist-defendant, submitted that he has received instructions from the revisionist, and, according to the said instructions, the revisionist undertakes to vacate the suit property by 31.03.2024. He further submitted that arrears of rent and mesne profit may be modified to the extent that the revisionist shall pay the arrears of rent and the mesne profit @ Rs. 800 per month. 4. Mr. Neeraj Garg, learned counsel for the respondents-plaintiffs, is agree. 5. In view of the said undertakings, the revisionist-defendant may not be evicted from the suit property till 31.03.2024, provided he deposits an amount of Rs. 800 per month as arrears of rent and mesne profit before the concerned court/pays to the respondents in three equal installments till he vacates the suit property. To this extent, the impugned judgment and decree, passed by the learned Trial Court, are modified. 6. The revisionist is directed to vacate the suit property and handover the vacant possession of the suit property to the respondents by 31.03.2024. The first installment shall be paid till 30.04.2023. The second installment shall be paid till October, 2023 and the last installment shall be paid at or before handing over the vacant possession of the suit property. 7. It is clarified that, in case of default in payment of any installment, the revisionist shall be liable to vacate the suit property even before 31.03.2024, but, in accordance with law. 8.
7. It is clarified that, in case of default in payment of any installment, the revisionist shall be liable to vacate the suit property even before 31.03.2024, but, in accordance with law. 8. Subject to the aforesaid undertakings, and, with the consent of the learned counsel for the parties, the present Revision is disposed of accordingly.