HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- RENT CONTROL No. - 69 of 2015 Petitioner :- Rashmi Verma And Another Respondent :- Additional District Judge/Special Judge (P.C.Act)Lko.& Ors. Counsel for Petitioner :- A.K.Jauhari Counsel for Respondent :- Rakesh Pandey Hon'ble Dr. Devendra Kumar Arora,J.
Heard.
Petitioner has filed instant writ petition questioning the correctness and validity of the judgment and order dated 30.5.2015 passed by the Additional District Judge, Lucknow in Rent Appeal No. 59 of 2014 as well as the judgment and order dated 18.7.2014 passed by Prescribed Authority, Lucknow in P.A.Case No. 92 of 2012.
The private respondents are said to be owner/landlady/land-lord of the premises No. 488/30,31,32, Daliganj, PS Hasanganj, Lucknow. One shop with small chabutra of the said premises was let out.
Respondents had preferred an application for release of the premises in question under Section 21(1) of U.P.Act XIII of 1972. The Prescribed Authority on the basis of evidence led by the parties came to a conclusion that the applicants [ respondents herein] have bonafide need of the shop in question and consequently, allowed the application for release. In Rent Appeal, the order of eviction from the premises in question has been confirmed subject to the payment of two yeas rent as a good will earned by the tenants/appellants.
During the course of the arguments, an affidavit of undertaking has been filed by Smt. Rashmi Verma [petitioner no.1] on her own behalf and on behalf of the petitioner no.2 that they will vacate and hand over the premises in question in favour of opposite party no. 3 to 5 peacefully and unconditionally within one years from this date (30.8.2015) and pay rent regularly.
Accordingly, this writ petition is disposed of in terms of the aforesaid undertaking given by the petitioners. It is provided that Petitioners shall vacate and hand over the peaceful possession of the premises in question to the opposite party no.3 to 5 on or before 29th August, 2016. The other conditions laid down by the Appellate Court in its judgment dated 30.5.2015 shall remain intact.
Order Date :- 31.8.2015 MH/-