Allahabad High Court
Sri Raunak Ali Khan vs Mohd. Hilal Beg And Another on 4 August, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:156224
Court No. - 4
Case :- WRIT - A No. - 12208 of 2023
Petitioner :- Sri Raunak Ali Khan
Respondent :- Mohd. Hilal Beg And Another
Counsel for Petitioner :- Manish Tandon
Counsel for Respondent :- Himanshu Singh,Saurabh Jain
Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition inter-alia with the following prayer:-
"A. issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 03.05.2023 passed by Additional District & Session Judge Court No.19, Kanpur Nagar, in Rent Appeal No. 127 of 2022 "Sri Raunak Ali Khan vs. Mohd. Hilal Beg and another" (Annexure No. 8 to this W.P.) and also quash the judgment and order dated 20.05.2022 passed by Prescribed Authority / Civil Judge (S.D.)/F.T.C. Kanpur Nagar, in Rent Case No. 34/2014 "Sri Mohd. Hilal Beg and another vs. Sri Raunak Ali Khan" (Annexure No. 6 to this W.P.)"
2. The following order was passed on 28.07.2023:-
"After hearing Sri Manish Tandon, learned counsel for the defendant-petitioner (tenant), Sri P.K. Jain, learned Senior Counsel assisted by Sri Himanshu Singh, learned counsel for the plaintiffs- respondents (landlord) at length, this Court is of the opinion that some considerable time be granted to the defendant- petitioner (tenant) to vacate the premises in question.
In this view of the matter, learned counsel for the defendant- petitioner is directed to file an affidavit of the petitioner/petitioner's son, in this regard by the next date fixed.
Put up this matter as fresh on 4.8.2023."
3. Pursuant to the same, a supplementary affidavit has been filed by the counsel for the petitioner, which was sworn by Shri Aman Ali Khan, son of the petitioner, the same is taken on record.
4. It is stated in paragraph-4 of the aforesaid affidavit that tenant-petitioner will vacate the premises within one year from the date of passing of the order or any further time may be granted by this Court. In paragraph-5 it is stated that petition may be decided in terms of undertaking given in the aforesaid affidavit.
5. Shri P.K. Jain, learned Senior Counsel assisted by Shri Himanshu Singh, learned counsel for the respondent (landlord) has no objection.
6. Considering the fact that petitioner will vacate the premises within one year from today i.e., till 31.08.2024 with following condition;
(i) Defendant-petitioner is directed to file affidavit within two weeks from today before Additional District & Session Judge, Court No. 19, Kanpur Nagar to vacate the house in question within the time given by the Court;
(ii) Defendant-petitioner is directed to deposit all decretal amount within four weeks from today before Additional District & Session Judge, Court No. 19, Kanpur Nagar. In case, any amount is already deposited, same shall be adjusted against the decretal amount;
(iii) Defendant-petitioner is also directed to pay rent of house in question on month to month basis on or before 7th day of every month till the vacation of house 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- petitioner in accordance with law.
7. With the aforesaid observations, petition is disposed of.
8. It is made clear that no liberty is given to the petitioner to file fresh petition for the very same cause of action.
Order Date :- 4.8.2023
Swati
