Mohd. Hashim vs Arya Samaj
2023 Latest Caselaw 16592 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:116187
 
Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6184 of 2023
 

 
Petitioner :- Mohd. Hashim
 
Respondent :- Arya Samaj
 
Counsel for Petitioner :- Archana Singh,Shreeprakash Singh
 
Counsel for Respondent :- Rishikesh Tripathi
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Shreeprakash Singh, learned counsel for the petitioner and Sri Rishikesh Tripathi, learned counsel for .

Present petition has been filed challenging the judgment and order dated 07.04.2023 passed by Additional Judge, Court No. 4, Jhansi in S.C.C. Revision No. 02 of 2002 and judgment and order dated 04.01.2022 passed by in S.C.C. Suit No. 08 of 2017.

After detail 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-defendant subject to deposit of monthly rent till the vacation of shop 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 shop in question since long, he is granted one year and three 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 Judge, Court No. 4, Jhansi to vacate the shop in question within the time given by the Court;

(ii) Petitioner-defendant is also directed to pay rent of shop in question @ 1500/- 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;

(iii) Petitioner-defendant is directed to deposit decretal amount, if any, within four weeks from today before Additional Judge, Court No. 4, Jhansi. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iv) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lose 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 :- 24.5.2023

Sartaj