Arun Kumar vs Babu Lal Sharma
2023 Latest Caselaw 16700 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:116911
 
Court No. - 2
 

 
Case :- WRIT - A No. - 8573 of 2023
 

 
Petitioner :- Arun Kumar
 
Respondent :- Babu Lal Sharma
 
Counsel for Petitioner :- Rajesh Kumar Roy Sharma,Amit Pandey
 
Counsel for Respondent :- Akanksha Gaur
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Amit Pandey, learned counsel for the petitioner and Ms. Akansha Gaur, learned counsel for the respondent.

Present petition has been filed challenging the order dated 29.3.2023 passed by the District Judge, Aligarh in U.P. Urban Building Appeal No. 18 of 2022 (Arun Kumar Vs. Babu Lal Sharma) and judgment and order dated 4.3.2022 passed by the Presecribed Authority Judge Small Cause Court, Aligarh in U.P.U.B. No. 15 of 2015 (Babu Lal Sharma Vs. Arun Kumar), under Section 21(1)(a) of U.P. Act No.13 of 1972.

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

Ms. Akansha Gaur, learned counsel for the respondent 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 nine 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 Judge Small Cause Court, Aligarh to vacate the house in question within the time given by the Court;

(ii) Petitioner-defendant is directed to deposit decretal amount within four weeks from today before learned Judge Small Cause Court, Aligarh. 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 shop in question @ 500/- 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 revisionist to file fresh petition for the very same cause of action.

Order Date :- 25.5.2023

Junaid