Arpit Gupta vs Indra Kumar Gupta And 2 Others
2023 Latest Caselaw 8428 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2266 of 2023
 

 
Petitioner :- Arpit Gupta
 
Respondent :- Indra Kumar Gupta And 2 Others
 
Counsel for Petitioner :- Rakesh Kumar Porwal,Alok Kumar Dave
 
Counsel for Respondent :- Saurabh Srivastava
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the defendant-petitioner and Sri Saurabh Srivastava, learned counsel for the plaintiff- respondent.

Present petition has been filed challenging the judgment and decree dated 11.10.2022 passed by the learned J.S.C.C., Kanpur Nagar in J.S.C.C. Suit No. 108 of 2018 (Indra Kumar Gupta & others vs. Arpit Gupta) as well as the judgement dated 3.2.2023 passed by the J.S.C.C./District Judge, Kanpur Nagar in J.S.C.C. Revision No. 318 of 2022 (Arpit Gupta vs. Indra Kumar Gupta and others).

After detail argument of two days, Sri Rakesh Kumar Porwal, learned counsel for the defendant-petitioner submitted that he does not want to contest this petition on merits, but considering this fact that petitioner-defendant is tenant of the shop in question since 1980, he may be granted some time to vacate the same.

Sri Saurabh Srivastava, learned counsel for the plaintiff- respondent has no objection to the submission raised by the learned counsel for the petitioner subject to deposit of rent at the rate of Rs.5,000/- per month till the vacation of shop in question. He further submitted that defendant-petitioner may be directed to submit affidavit to deposit the entire decretal amount and also about the vacation of shop in question.

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

Considering the fact that defendant-petitioner is tenant of the shop in question since, 1980, he is granted nine months time to vacate the same from today with following condition;

(i) Defendant-petitioner is directed to file affidavit to the effect that he would vacate the shop in question within two weeks before J.S.C.C., Kanpur Nagar;

(ii) Defendant-petitioner is directed to deposit decretal amount within four weeks from today before learned J.S.C.C., 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 Rs.5,000/- as rent of shop in question per month on month to month basis on or before 7th day of every month till the vacation of shop 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.

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

Order Date :- 22.3.2023

Junaid