Amala Singh vs Khasgi Devi Ahilya Bai Holkar, ...
2023 Latest Caselaw 15385 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:105769
 
Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4857 of 2023
 

 
Petitioner :- Amala Singh
 
Respondent :- Khasgi Devi Ahilya Bai Holkar, Charities Trust
 
Counsel for Petitioner :- Rakesh Pathak
 
Counsel for Respondent :- Anupam Kulshreshtha
 

 
Hon'ble Neeraj Tiwari,J.

Second supplementary affidavit filed today is taken on record.

Heard Sri Anil Bhusan, learned Senior Counsel, assisted by Sri Rakesh Pathak, learned counsel for the petitioner-defendant and Sri Anupam Kulshreshtha, learned counsel for respondent-plaintiff.

Present petition has been filed challenging the judgment and order dated 16.03.2023 passed by District Judge, Varanasi in S.C.C. Revision No. 165 of 2022 and judgment and order dated 21.01.2020 passed by Additional Small Cause Judge, Varanasi in Case No. 25 of 2015.

After detail argument, learned Senior 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 house in question since long, she may be granted some time to vacate the same.

Sri Anupam Kulshreshtha, learned counsel for the respondent-plaintiff has no objection to the submission raised by the learned counsel for the petitioner-defendant subject to deposit of monthly rent till the vacation of house in question.

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

Considering the fact that petitioner-defendant is tenant of the house in question since long, she is granted twelve months time to vacate the same from today with following conditions;

(i) Petitioner-defendant is directed to file affidavit within two weeks from today before Additional Small Cause Judge, Varanasi to vacate the house in question within the time given by the Court;

(ii) Petitioner-defendant is directed to deposit Rs. 2,000/- as decretal amount within four weeks from today before learned Additional Small Cause Judge, Varanasi. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iii) Petitioner-defendant is also directed to pay rent of house in question @ 2,000/- per month, on month to month basis on or before 7th day of every month till the vacation of shop in terms of first condition;

(iv) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lose the effect and respondent-plaintiff is at liberty to proceed against the petitioner-defendant 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 :- 16.5.2023

ADY