Arvind Tiwari vs Rajendra Prasad Paliwal
2023 Latest Caselaw 23864 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:174929
 
Court No. - 4
 

 
Case :- S.C.C. REVISION No. - 105 of 2023
 

 
Revisionist :- Arvind Tiwari
 
Opposite Party :- Rajendra Prasad Paliwal
 
Counsel for Revisionist :- Abhishek Gupta,Chandra Bhan Gupta
 
Counsel for Opposite Party :- Pulak Ganguly
 

 
Hon'ble Prakash Padia,J.

1. Heard Sri Chandra Bhan Gupta, learned counsel for the revisionist and Sri Pulak Ganguly, learned counsel for the opposite party.

2. The present petition has been filed with the prayer to set aside the impugned judgment and order dated 28.7.2023 and decree dated 10.8.2023 passed in SCC Case No. 20 of 2018 (Rajendra Prasad Paliwal vs. Arvind Tiwari).

3. It reveals from the perusal of the record that the premises in question was given on rent to the revisionist by a Rent Agreement dated 1.9.2017 for a period of 11 months. After some dispute, the tenant-revisionist had filed a suit being Suit No. 51 of 2018 in the court of Civil Judge (J.D.) Gautam Budh Nagar along with an applicant to grant temporary injunction. The temporary injunction applicant was allowed in favour of the tenant-revisionist vide order dated 12.02.2018. Against the aforesaid, the landlord-opposite party has filed an appeal being Misc. Civil Appeal No. 35 of 2018 before the District Judge, Gautam Budh Nagar. The same was allowed. Thereafter, a SCC Case No. 20 of 2018 was filed in which notice was issued to the tenant-revisionist.

4. After some arguments, a prayer has been made by learned counsel for the tenant- revisionist to grant some time to the revisionist to vacate the premises in question.

5. The aforesaid prayer has not been opposed by learned counsel for landlord- opposite party.

6. In view of the above, the tenant-revisionist is directed to vacate the premises in question on or before 31.12.2023.

5. In view of the above, the tenant-revisionist is permitted to vacate the premises in question on or before 31.12.2023 with following condition;

(i) Tenant-revisionist is directed to file affidavit within two weeks from today before District Judge, Gautam Budh Nagar, with regard to vacate the premises in question within the time given by the Court;

(ii) Tenant-revisionist is further directed to deposit the rent at the rate of Rs. 17,000/- per month which is due till 31.8.2023 within two weeks from today before District Judge, Gautam Nagar;

(iii) Tenant-revisionist is also directed to pay rent of the premises in question on month to month basis on or before 7th day of every month from 1.9.2023 to 31.12.2023 at the rate of Rs. 25,000/- District Judge, Gautam Budh Nagar;

(iv) The amount so deposited by the tenant-revisionist, the same shall be released in favour of the landlord-opposite party by the court below without asking any sureties;

(v) In case of failure of fulfillment of any conditions so imposed by this Court, this order would lost the effect and landlord-respondent is at liberty to proceed against the tenant-petitioner in accordance with law.

6. Accordingly, the present petition is partly allowed.

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

Order Date :- 29.8.2023

S.K.