Mohammad Shakeel Khan vs Waqf Khudawand Tala And 12 Others
2023 Latest Caselaw 22209 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:165846
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 8239 of 2023
 

 
Petitioner :- Mohammad Shakeel Khan
 
Respondent :- Waqf Khudawand Tala And 12 Others
 
Counsel for Petitioner :- Anil Kumar Mishra
 

 
Hon'ble Prakash Padia,J.

1. Supplementary affidavit filed today is taken on record.

2. The petitioner has preferred present petition inter-alia with the prayer to set aside the impugned judgment and order dated 30.05.2023 passed by Additional District Judge, Court No.3, Saharanpur in SCC Revision No.7 of 2021 (Shafiq Ahmad @ Munna Vs. Waqf Khudawand Tala and others) and judgment and order dated 28.01.2021 passed by Judge, Small Cause Court, Saharanpur in SCC No.9 of 2012 (Waqf Khudawand Tala Mausuma Waqf Alal Nafas Alal Aulad and others Vs. Shafiq Ahmad @ Munna).

3. It is stated in paragraph 2 of the supplementary affidavit that petitioner is ready to leave rented house after two years of order passed by this Court.

4. It is stated in the petition that petitioner is ready to enhance the reasonable rent and he may be allowed to live in the house till the marriage of his sisters, thereafter, he will left the rented house.

5. In the facts and circumstances of the case, impugned judgment and order dated 30.05.2023 passed by Additional District Judge, Court No.3, Saharanpur and judgment and order dated 28.01.2021 passed by Judge, Small Cause Court, Saharanpur is set aside subject to payment of rent @ Rs.2500/- per month on or before 7th of each month w.e.f. September, 2023 to the landlord.

6. Considering the facts that petitioner will vacate the premises within a period of 18 months from today the present petition is disposed of with the following condition;

(i) Defendant-petitioner is directed to file affidavit within two weeks from today before Additional District Judge, Court No.3, Saharanpur to vacate the house in question within 18 months.

(ii) Defendant-petitioner is directed to deposit all decretal amount within four weeks from today before Additional District Judge, Court No.3, Saharanpur. 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. 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 :- 17.8.2023

Pramod Tripathi