Allahabad High Court
Santosh Kumar Rastogi vs Shivam Saxena on 10 June, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 2575 of 2021
Petitioner :- Santosh Kumar Rastogi
Respondent :- Shivam Saxena
Counsel for Petitioner :- Ritesh Srivastava,Shweta Singh
Counsel for Respondent :- Ashish Agrawal
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The tenant-petitioner is before this Court assailing the validity of the order dated 26.2.2021 passed by District Judge, Rampur dismissing Rent Appeal No.02 of 2020 (Santosh Kumar Rastogi v. Shivam Saxena) as well as judgment and order dated 15.1.2020 passed by Prescribed Authority/Civil Judge (SD), Distt. Rampur in P.A. Case No.01 of 2017 (Shivam Saxena v. Santosh Kumar Rastogi) by which the release application of the respondent was allowed and the petitioner was directed to handover the possession of the disputed shop within a period of one month.
Learned counsel for the petitioner in support of his submissions has relied upon the judgment of this Court in Shivraj Gupta & Ors. v. Addl. District Judge & Ors., 2013 (5) ADJ 406.
The Court has proceeded to examine the record in question and does not find any infirmity or illegality in the concurrent findings recorded by the courts below regarding the point of bonafide and genuine need and requirement of the shop in question and comparative hardship. The judgment cited by learned counsel for the petitioner is not applicable in the facts and circumstances of the present case. However, looking to the present corona pandemic, it would be in the interest of justice that some reasonable time may be accorded to the petitioner to vacate the shop in question.
Learned counsel for the respondent has submitted that if the Court inclines to give some further time to the petitioner-tenant to vacate the shop in question, he has no objection in this regard.
Considering the facts and circumstances of the case, subject to filing of an undertaking by the tenant-petitioner before the Court below, it is provided that:
(1) The tenant-petitioner shall handover the peaceful possession of the premises in question to the respondent on or before 10.12.2021.
(2) The tenant-petitioner shall file the undertaking before the Court below to the said effect within two weeks from the date of receipt of copy of this order;
(3) The tenant-petitioner shall pay entire decretal amount within a period of two months from the date of receipt of copy of this order;
(4) The tenant-petitioner shall pay damages @ Rs. 1,000/- per month by 07th day of every succeeding month and continue to deposit the same in the Court below and the respondent is at liberty to withdraw the said amount;
(5) In the undertaking the tenant-petitioner shall also state that he will not create any interest in favour of the third party in the premises in dispute;
(6) Subject to filing of the said undertaking, the tenant-petitioner shall not be evicted from the premises in question till the aforesaid period;
(7) It is made clear that in case of default of any of the conditions mentioned herein-above, the protection granted by this Court shall stand vacated automatically.
The writ petition stands disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.6.2021
SP/
