Akhtari Khatoon vs Rahil Ahmad Siddiqui
2023 Latest Caselaw 9122 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- S.C.C. REVISION No. - 32 of 2023
 

 
Revisionist :- Akhtari Khatoon
 
Opposite Party :- Rahil Ahmad Siddiqui
 
Counsel for Revisionist :- Dinesh Kumar Singh,Arvind Kumar Trivedi
 
Counsel for Opposite Party :- Mohammad Waseem
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the revisionist and Sri Mohammad Waseem, learned counsels for the opposite party.

Present revision has been filed challenging the judgment dated 22.02.2023 passed by the learned Additional District Judge, Court No. 1, Varanasi in SCC Case No. 03 of 2021 (Rahil Ahmad Siddiqui vs. Akhtari Khatoon) otherwise the revisionist will suffer irreparable loss and injury.

After some argument, learned counsel for the revisionist submitted that he does not want to contest this revision on merits, but considering this fact that revisionist is tenant of the shop in question since long, she may be granted some time to vacate the same.

Learned counsel for the opposite party has no objection to the submission raised by the learned counsel for the revisionist subject to deposit of rent at the rate of Rs.1000/- per month till the vacation of shop in question. He further submitted that revisionist 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 revisionist is tenant of the shop in question since long, she is granted eight months time to vacate the same from today with following condition;

(i) Defendant-revisionist is directed to file affidavit to the effect that she would vacate the shop in question within two weeks before learned Additional District Judge, Court No. 1, Varanasi;

(ii) Defendant-revisionist is directed to deposit decretal amount within four weeks from today before learned Additional District Judge, Court No. 1, Varanasi. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iii) Defendant-revisionist is also directed to pay Rs.1000/- 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-revisionist 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 :- 28.3.2023

Sartaj