Allahabad High Court
Bharat Sanchar Nigam Ltd. And ... vs Smt. Kanak Lata on 14 November, 2022
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- S.C.C. REVISION No. - 299 of 2017
Revisionist :- Bharat Sanchar Nigam Ltd. And Another
Opposite Party :- Smt. Kanak Lata
Counsel for Revisionist :- Abhishek Mishra,B.K.Singh Raghuvanshi,K.N. Mishra
WITH
Case :- S.C.C. REVISION No. - 283 of 2017
Revisionist :- Bharat Sanchar Nigam Ltd. And Another
Opposite Party :- Smt. Kanak Lata
Counsel for Revisionist :- Bijendra Kumar Singh
AND
Case :- MATTERS UNDER ARTICLE 227 No. - 9006 of 2022
Petitioner :- Smt.Kanaklata
Respondent :- Bharat Sanchar Nigam Limited
Counsel for Petitioner :- Uma Nath Pandey
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
This revision petition arises out of the original judgment and decree passed by the trial court in S.C.C. Revision No. 22 of 2011 dated 24.03.2014, wherein the revision applicant was directed to pay rent @ Rs. 5,000/- per month for the months October and November 2011 and then @ Rs. 10,000/- as an arrears of rent from December 2011. The court also passes the order that from December 2011 onwards the tenant would be paying Rs. 25,000/- towards use and occupation of the premises in question. This judgment is passed on 24.03.2014 and therefore, court absolutely fails to understand as to how judgment and decree has been passed for the arrears of rent as Rs. 10,000/- together with Rs. 25,000/- for use and occupation of the premises right from October 2011. The court was to clarify as to whether it was directing for damages for the use and occupation right from December 2011 besides the arrears of rent for the same period @ Rs. 10,000/- and if so, for what special reasons but this has not been done and obviously for the reason that damages for use and occupation of the premises is normally leveled only on an eventuality of the tenant not vacating the premises within the time prescribed for under the final judgment and decree.
Sri B.K. Singh Raghuvanshi, learned counsel for the revision applicant submits that if the Court permits him to pay rent @ 10,000/- right from December 2011 till date by adjusting amount already deposited, he will be vacating the premises within six months.
Learned counsel for the contesting respondent who is now petitioner in Matter Under Article 227 No. 9006 of 2022 would contend that the petitioner should pay rent @ Rs. 25,000/- as ordered by the court on execution application which has been assailed in S.C.C. Revision No. 283 of 2017, however, he also submits that if the revision applicant/ tenant is ready to vacate the premises in prescribed period of time, he would not be having any objection to the adjustment of amount already deposited.
Having heard learned counsel for the parties and having perused the judgment and decree dated 24.03.2014 as well as the order passed by the executing court dated 20.11.2015 directing the judgment debtor to make deposit of Rs. 25,000/- per month, I find it difficult to justify the order for damages for use and occupation of premises right from December 2011 and at the same time directing tenant to deposit rent @ Rs. 10,000/- right from November 2011 as passed by the trial Judge.
Since the matter has been engaging attention of this Court and there has been a stay order also upon the order passed by the executing court and there was no rider by this Court in the said order with regard to payment of rent at the particular rate, coupled with the fact that tenant applicant has deposited the amount @ Rs. 25,000/- per month under the order of the executing court for certain period, I am not able to justify the said order for the same very reasons as assigned in foregoing paragraphs.
In my considered view equity can be balanced by directing the applicant to deposit the amount of entire arrears till the actual vacation of the premises @ Rs. 10,000/- per month. The rent that has been deposited @ Rs. 25,000/- per month right from October 2011 till March 2016 shall be adjusted towards the arrears. However, since the order is being passed today and the revision applicant is to release the premises in question in favour of the landlord on or before 15.05.2023, the petitioner would be paying rent from the month of December 2022 till May 2023 @ Rs. 25,000/- per month.
Revision applicant shall file an undertaking to the above effect before the Judge, Small Cause on or before 15.12.2022. It is made clear that while filing an affidavit of undertaking as directed herein above, the revision applicant shall also annex the receipt of payment till the month of November 2022 @ Rs. 10,000/- per month adjusting the amount already deposited @ Rs. 25,000/- per month with an additional amount of Rs. 25,000/- for the month of December 2022.
It is made clear that in the event the revision applicant fails to file an affidavit of undertaking as directed herein above for compliance of the directions issued under this order, the executing court shall proceed to execute the order in accordance with law and no further application seeking any protection shall be entertained at the end of revision applicant.
With the aforesaid observations and directions, this revision stands disposed of.
Order Date :- 14.11.2022
IrfanUddin
