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2024 DIGILAW 448 (UTT)

Manu Rishi Garg v. V. K. Vashisht

2024-07-02

VIVEK BHARTI SHARMA

body2024
JUDGMENT : Vivek Bharti Sharma, J. By means of present writ petition filed under Article 227 of Constitution of India, petitioner seeks to quash the judgment/order 26.07.2022 passed by Prescribed Authority/Second Additional Senior Civil Judge, Dehradun in PA Case No.22 of 2015 “Sri V.K. Vashisht and Ors. vs. Smt. Leelawati and Ors.” as well as the judgment/order dated 30.04.2023 passed by 8th Additional District Judge, Dehradun in RCA No.19 of 2022, whereby the release application filed by the respondents/landlords has been allowed and the appeal filed there against by the petitioner/tenant has been dismissed. 2. Learned counsel for both the parties would submit that this writ petition may be disposed of at the admission stage today itself as the parties have arrived at a compromise on the following conditions:- (i) That, the petitioner/tenant shall vacate and handover actual physical possession of the shop in question to the respondent/landlord within two years from today. (ii) That the petitioner/tenant shall pay a sum of Rs.2000/- per month to the respondents/landlord as use and occupation charges by 7th of every month. (iii) That the rent already deposited by the petitioner/tenant shall be withdrawn by the respondent/landlord without any objection by the petitioner/tenant. (iv) That the petitioner/tenant shall not sublet and shall not cause any structural alteration in the shop in question during these two years. (v) That the petitioner/tenant shall file an undertaking before the Prescribed Authority within two weeks from today to the aforesaid effect. 3. In view of the concession given by both the parties, this writ petition is disposed of with the following directions:- (i) The petitioner/tenant shall vacate and handover actual possession of the tenanted premises i.e. the shop as described in the plaint to the respondents/landlord by 1st July, 2026. (ii) The petitioner/tenant shall pay a sum of @ Rs.2,000/- per month to the respondent/landlord towards use and occupation charges by the 7th of each month. (iii) The petitioner shall not create third party interest and shall not cause any structural alteration in the tenanted premises. (iv) The rent already deposited by the petitioner/tenant shall be withdrawn by the respondent/landlord without any objection by the petitioner/tenant. (v) The petitioner shall furnish an undertaking before the Prescribed Authority within 15 days from today in respect of conditions mentioned in sub para (i), (ii), (iii) and (iv) of para 3 of this order. (iv) The rent already deposited by the petitioner/tenant shall be withdrawn by the respondent/landlord without any objection by the petitioner/tenant. (v) The petitioner shall furnish an undertaking before the Prescribed Authority within 15 days from today in respect of conditions mentioned in sub para (i), (ii), (iii) and (iv) of para 3 of this order. (vi) In the event of default of any of the aforesaid conditions, the petitioner shall not be entitled to continue in the premises in question up to 01.07.2026 and the respondent/landlord would be at liberty to execute the decree forthwith.