Prem Prakash Tiwari vs Umesh Kumar Jaiwal
2023 Latest Caselaw 7981 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- S.C.C. REVISION No. - 25 of 2023
 
Revisionist :- Prem Prakash Tiwari
 
Opposite Party :- Umesh Kumar Jaiwal
 
Counsel for Revisionist :- Virendra Kumar Jaiswal,Vinay Srivastava
 
Counsel for Opposite Party :- Shreya Gupta,Ravi Anand Agarwal
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri V.K. Jaiswal, learned counsel for the defendant-revisionist and Ms. Shreya Gupta, learned counsel for the plaintiff- respondent.

Present revision has been filed challenging the judgment and decree dated 25.01.2023 passed by learned Additional District and Sessions Judge, Court No. 9, Allahabad.

After detail argument of two days, Sri V.K. Jaiswal, learned counsel for the defendant-revisionist submitted that he does not want to contest this revision on merits, but considering this fact that revisionist-defendant is residing at the house in question since 1967, he may be granted one year time to vacate the same.

Ms. Shreya Gupta, learned counsel for the plaintiff- respondent seriously objected the submission raised by learned counsel for the defendant-revisionist and submitted that defendant-revisionist may be directed to submit affidavit to deposit the entire decretal amount and pay rent from month to month basis till the vacation of house.

I have considered the rival submissions raised by learned counsel for the parties.

Considering the fact that defendant-revisionist is residing at the house in question since, 1967, he is granted one year time to vacate the same from today with following condition;

(i) Defendant-revisionist is directed to file affidavit to the effect that he would vacate the house in question within two weeks before learned Additional District and Sessions Judge, Court No. 9, Allahabad;

(ii) Defendant-revisionist is directed to deposit all decretal amount within four weeks from today before learned Additional District and Sessions Judge, Court No. 9, Allahabad. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iii) Defendant-revisionist 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- revisionist in accordance with law.

With the aforesaid observations, revision is dismissed. No order as to costs.

Order Date :- 20.3.2023

Arvind