Smt. Munni Devi And 2 Others vs Avanish Sharma @ Bhalu And Another
2023 Latest Caselaw 10127 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3465 of 2023
 

 
Petitioner :- Smt. Munni Devi And 2 Others
 
Respondent :- Avanish Sharma @ Bhalu And Another
 
Counsel for Petitioner :- Vishnu Pratap Pandey
 
Counsel for Respondent :- Ashish Kumar Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the defendant-petitioners and Sri Ashish Agrawal, learned counsel for the plaintiff-respondents.

Present petition has been filed challenging the judgment and order dated 14.02.2023 passed by Additional District and Sessions Judge, Hapur in Rent Civil Appeal No. 06 of 2019 (Avanish Sharma vs. Raj Kumar).

After detail argument, learned counsel for the defendant-petitioners submitted that he does not want to contest this petition on merits, but considering this fact that petitioner-defendants are tenant of the shop in question since last 28 years, they may be granted some time to vacate the same.

Sri Ashish Agrawal, learned counsel for the plaintiff-respondents has no objection to the submission raised by the learned counsel for the petitioners subject to deposit of rent at the rate of Rs.750/- per month till the vacation of shop in question.

I have considered the rival submissions raised by learned counsel for the parties.

Considering the fact that defendant-petitioners are tenant of the shop in question since last 28 years, they are granted nine months time to vacate the same from today with following conditions;

(i) Defendant-petitioners are directed to file affidavit within two weeks from today before Additional District and Sessions Judge, Hapur to vacate the shop in question within the time given by the Court;

(ii) Defendant-petitioners are also directed to pay Rs.750/- as rent of shop in question per month, on month to month basis on or before 7th day of every month till the vacation of shop in terms of first condition;

(iii) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lost the effect and plaintiff- respondents are at liberty to proceed against the defendant-petitioners in accordance with law.

With the aforesaid observations, petition is disposed of.

It is made clear that no liberty is given to the petitioners to file fresh petition for the very same cause of action.

Order Date :- 5.4.2023

Sartaj