Smt Suman Bhanti (Since Deceased) ... vs Smt Jaiwanti Devi (Since ...
2023 Latest Caselaw 15653 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:108379
 
Court No. - 2
 

 
Case :- WRIT - A No. - 8010 of 2023
 

 
Petitioner :- Smt Suman Bhanti (Since Deceased) And 2 Others
 
Respondent :- Smt Jaiwanti Devi (Since Deceased) And 11 Others
 
Counsel for Petitioner :- Anupam Kulshreshtha
 
Counsel for Respondent :- Prateek Sinha
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Anupam Kulshreshtha, learned counsel for the defendant-petitioner and Sri Prateek Sinha, learned counsel for the plaintiff- respondent.

Present petition has been filed challenging the judgment and order dated 31.3.2023 passed by the learned District Judge, Aligarh in U.P.U.P Appeal No. 82 of 2021 as well as impugned judgment and order dated 25.10.2021 passed by the learned Prescribed Authority/Judge Small Causes Court, Aligarh in U.P.U.B. Case No. 18 of 2013.

After detail argument, 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 2001, he may be granted some time to vacate the same.

Sri Prateek Sinha, 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.1,000/- 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, 2001, he is granted nine months time to vacate the same from today with following conditions;

(i) Defendant-petitioner is directed to file affidavit within two weeks from today before Judge Small Causes Court, Aligarh to vacate the shop in question within the time given by the Court;

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

(iii) Defendant-petitioner is also directed to pay Rs.1,000/- 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 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 :- 18.5.2023

Junaid