Allahabad High Court
U.P. Export Corporation Ltd. And ... vs P.P.N Memorial Society on 3 April, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 2
Case :- S.C.C. REVISION DEFECTIVE No. - 30 of 2023
Revisionist :- U.P. Export Corporation Ltd. And Another
Opposite Party :- P.P.N Memorial Society
Counsel for Revisionist :- Rajesh Kumar Singh,Sai Girdhar
Counsel for Opposite Party :- Ajay Yadav,Narendra Bahadur Singh
Hon'ble Neeraj Tiwari,J.
Civil Misc. Delay Condonation Application No. Nil of 2023
Heard learned counsel for the applicants and Sri Atul Dayal, learned Senior Counsel assisted by Sri Raj Kumar Singh, learned counsel for the opposite parties.
Learned counsel for the applicants has filed delay condonation application for condoning certain delay and requested that the same may be allowed, for which Sri Atul Dayal, learned Senior Counsel has no objection.
Accordingly, delay condonation application is allowed.
Office is directed to allot regular number to the application.
Order on the memo of revision
Heard learned counsel for the revisionists and Sri Atul Dayal, Senior Advocate assisted by Sri Raj Kumar Singh, learned counsel for the opposite party.
Present revision has been filed challenging the judgment and order dated 30.1.2023 passed by the Additional District & Sessions Judge-III, Kanpur Nagar in SCC Suit No.1200166 of 2008 (P.P.N. Memorial Society vs. U.P. Export Corporation Ltd. and another).
After detail argument, learned counsel for the revisionist submitted that he does not want to contest this revision on merits, but considering this fact that revisionist is tenant of the accommodation in question since 1993, he may be granted some time to vacate the same.
Learned counsel for the opposite party has no objection to the submission raised by the learned counsel for the revisionist subject to deposit of rent/damages at the rate of Rs.20,000/- per month till the vacation of accommodation in question. He further submitted that revisionist may be directed to submit affidavit to deposit the entire decretal amount and also about the vacation of accommodation in question.
At this stage, learned counsel for the revisionist prays that he is ready to deposit the entire decretal amount if the facility of depositing the amount in easy installments is given.
I have considered the rival submissions raised by learned counsel for the parties.
Considering the fact that revisionist is tenant of the accommodation in question since, 1993, he is granted six months time to vacate the same from today with following conditions;
(i) Revisionist is directed to file affidavit within two weeks from today before Additional District & Sessions Judge-III, Kanpur Nagar to vacate the accommodation in question within the time given by the Court.
(ii) Revisionist is directed to deposit 25% of the decretal amount within two weeks from today before learned Additional District & Sessions Judge-III, Kanpur Nagar and further remaining decretal amount shall be deposited in five monthly installments on or before 7th day of every month. In case, any amount is already deposited, same shall be adjusted against the decretal amount;
(iii) Revisionist is also directed to pay Rs.20,000/- as rent/damages of accommodation in question per month on month to month basis on or before 7th day of every month till the vacation of accommodation in terms of first two conditions;
(iv) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lost the effect and plaintiff- respondent is at liberty to proceed against the defendant-revisionist in accordance with law.
With the aforesaid observations, revision is disposed of.
It is made clear that no liberty is given to revisionist to file fresh petition for the same cause of action.
Order Date :- 3.4.2023
Junaid
