Allahabad High Court
Dr. Rajat Mohan Singh vs Smt. Sarah Ayyub And Another on 11 August, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163401
Court No. - 4
Case :- S.C.C. REVISION No. - 93 of 2023
Revisionist :- Dr. Rajat Mohan Singh
Opposite Party :- Smt. Sarah Ayyub And Another
Counsel for Revisionist :- Sharad Malviya
Counsel for Opposite Party :- Manish Tandon
Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition inter-alia with the prayer to set aside the judgment and decree dated 31.05.2023 passed by Additional District Judge / Judge Small Causes Court Room No.19, Kanpur Nagar in J.S.S.C. Case No. 08 of 2017 (Smt. Sarah Ayyub vs. Rohit Mohan Singh).
2. Supplementary affidavit has been filed by the counsel for the petitioner through e-filing. It is stated in paragraph-4 of the aforesaid affidavit that an undertaking has been given by the revisionist namely Dr. Rajat Mohan Singh that the revisionist is ready and willing to make the payment 50% of decretal amount which comes to Rs.1,16,962.50/- within a period of 15 days. It is further stated that as per the order of trial court a decree for Rs. 17,500/-+3150/- water charges+1700/- as damages, total is Rs. 22,350/- be deposited is liable to be paid. Revisionist has deposited Rs. 4425/- which comes to Rs. 17,925/- and Rs.100/- per day for the period, during pendency of the suit till the time to handing over the peaceful possession to the landlord-respondent that comes to Rs.21600/- adding to sum of Rs. 22,350/- and the total comes to Rs.2,33,925/-. It is stated that the revisionist will hand over the peaceful possession to the landlord within a period of three months from today and he will make the payment of rent @ Rs. 100/- per day for such period.
3. Shri Manish Tandon, learned Counsel for the respondent (landlord) has no objection.
4. Considering the fact that petitioner will vacate the premises within a period of three months from today i.e., till 15.11.2023 with following condition;
(i) Defendant-petitioner is directed to file affidavit within two weeks from today before Additional District Judge/Judge Small Cause, Court Room 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 Judge/Judge Small Cause, Court Room 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.
5. With the aforesaid observations, the present petition is disposed of in terms of the undertaking which is quoted in paragraph-4 and 5 of the supplementary affidavit.
6. 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 :- 11.8.2023
Swati
