Allahabad High Court
Shahnawaz And 2 Others vs Gopal Krishna Gangal on 27 July, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:151824
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 7396 of 2023
Petitioner :- Shahnawaz And 2 Others
Respondent :- Gopal Krishna Gangal
Counsel for Petitioner :- Dharmendra Pratap Singh,Bachchu Lal Yadav
Counsel for Respondent :- Shekhar Gangal
Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioners and learned counsel for the respondent.
2. The petitioner has preferred the present petition inter-alia with the following prayer:-
"(a) Issue a order or direction setting aside the impugned judgment and decree dated 16.08.2022 passed by the Small Causes Judge, Aligarh in Small Causes Case No. 72 of 2013, Gopal Krishna Gangal versus Shahnawaz & Others and impugned judgment and order dated 04.04.2023 passed by the Session Judge, Aligarh in Small Causes Revision No. 75/2022, Shahnawaz and others versus Gopal Krishna Gangal. (ANNEXURE NOS. 04 & 07)"
3. The following order was passed on 17.07.2023:-
"1.Heard learned counsel for the petitioners and Sri Shekhar Gangal, learned cousnel for the respondent.
2. The present petition under Article 227 of the Constitution of India has been filed by the defendants-petitioners challenging the order dated 16.08.2022 passed by the Small Causes Case No.72 of 2013 (Gopal Krishna Gangal Vs. Shahnawaz & others) and judgement and order dated 04.04.2023 passed by the Sessions Judge Aligarh in Small Causes Revision No.75 of 2022 (Shahnawaz & others Vs. Gopal Krishna Gangal).
2. It is argued by learned counsel for the defendants-petitioners that the petitioners are the tenant and paid rent @ Rs.800/- per month since 1989.
3. After some arguments, an undertaking has been given on behalf of the defendants-petitioners that they will vacate the premises in question within one year from today and also make payment of decreetal amount and the rent regularly without any default.
4. In this view of the matter, the defendants-petitioners is directed to file personal affidavit in this regard within a week.
5. Put up as fresh on 27.07.2023. "
4. Pursuant to the same, personal affidavit has been filed by the counsel for the petitioner. The same is taken on record.
5. It is stated in paragraph-8 of the aforesaid affidavit that tenant-petitioner undertakes that he will vacate the premises in dispute within one year from today without committing any fault. It is also stated that there is no dispute between the parties with regard to rent. The petitioner has paid rent regularly without any default since January, 2012.
6. Learned counsel for the respondent has no objection to the submission made by the petitioners.
7. Considering the fact that tenant-petitioner will vacate the premises within one year from today i.e., till 31.10.2024 with following condition;
(i) The petitioners shall file an affidavit within two weeks from today before District Judge, Aligarh to vacate the premises in question within the time given by the Court;
(ii) The petitioners shall deposit all decreetal amount within four weeks from today before District Judge, Aligarh. In case, any amount is already deposited, same shall be adjusted against the decreetal amount;
(iii) The petitioners shall pay rent of premises in question on month to month basis on or before 7th day of every month till the vacation of premises, in terms of first two conditions;
(iv) 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.
8. With the aforesaid observations, the petition is disposed of.
9. 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 :- 27.7.2023
S.K.
