Sandeep Singh vs Smt.Vidya Devi
2023 Latest Caselaw 8648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3079 of 2023
 

 
Petitioner :- Sandeep Singh
 
Respondent :- Smt.Vidya Devi
 
Counsel for Petitioner :- Ajay Kumar Sinha
 
Counsel for Respondent :- Shruti Taneja,Ashish Kumar Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Ajay Kumar Sinha, learned counsel for the petitioner-defendant and Sri Ashish Kumar Singh along with Ms. Shruti Taneja, learned counsels for the respondents-plaintiffs.

Present petition has been filed challenging the judgment dated 13.02.2023 passed by the learned Additional District Judge, Court No. 19, Allahabad in Civil Revision No. 100 of 2022 (Under Section 25 of Provincial Small Causes Court Act) (Sandeep Singh vs. Smt. Vidya Devi) as well as the judgement dated 20.07.2022 passed by learned Judge, Small Causes Court, Allahabad in S.C.C. Suit No. 52 of 2017 (Smt. Vidya Devi Vs. Sandeep Singh).

After some argument, learned counsel for the petitioner-defendant 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 long, he may be granted some time to vacate the same.

Learned counsel for the respondent-plaintiff has no objection to the submission raised by the learned counsel for the petitioner subject to deposit of rent at the rate of Rs.2,500/- 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, long, 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 learned Judge, Small Causes Court, Allahabad;

(ii) Defendant-petitioner is directed to deposit decretal amount within four weeks from today before learned Judge, Small Causes Court, Allahabad. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iii) Defendant-petitioner is also directed to pay Rs.2,500/- 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 disposed of.

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 :- 23.3.2023

Sartaj