Allahabad High Court
Smt. M. Lakshmi vs Sheo Lakhan Singh on 4 October, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:190001
Court No. - 4
Case :- S.C.C. REVISION DEFECTIVE No. - 46 of 2023
Revisionist :- Smt. M. Lakshmi
Opposite Party :- Sheo Lakhan Singh
Counsel for Revisionist :- Hasan Abbas,Abbas Haider
Counsel for Opposite Party :- Sujeet Kumar,Chhaya Gupta
Hon'ble Prakash Padia,J.
Civil Misc. Delay Condonation Application No. 02 of 2023:-
1. Heard counsel for the parties.
2. The present application has been filed with the prayer to condone the delay in filing the aforesaid SCC revision.
3. The reasons for delay have been duly explained in the affidavit filed in support of the delay condonation application.
4. Shri Sujeet Kumar, Counsel for the opposite party has no objection.
5. Cause shown is sufficient. Delay in filing the revision is condoned.
6. Office is directed to allot regular number.
Order on Revision:-
1. The present SCC Revision has been filed challenging the judgment and order dated 28.02.2023 passed by Additional District Judge, Court No.6 Kanpur Nagar in SCC Suit No. 36 of 2010 (Sheo Lakhan Singh vs. Smt. M. Lakshmi).
2. By the aforesaid order, the suit filed by the plaintiff-respondent namely Sheo Lakhan Singh was allowed and defendant-revisionist was granted two months' time to vacate the premises in dispute i.e. 128/821 K-Block Kedwai Nagar Kanpur Nagar. Further directions were given to make the payment of dues from 19.12.2008 to 26.03.2010 i.e., Rs.1,52,580.65/-. Apart from the same, further direction was given to make the payment of Rs.10,000/- per month as damages/rent from the date the suit was filed by the plaintiff-respondent i.e., w.e.f. 27th March, 2010 till the time the tenant will vacate the premises.
3. After some arguments, a prayer has been made by the counsel for the revisionist that defendant-revisionist will vacate the premises in dispute on or before 28.02.2024 but some considerable time be granted her to make the payment of rent / damages as per the judgment dated 28.02.2023 passed by the court below.
4. Shri Sujeet Kumar, learned counsel appearing on behalf of plaintiff-respondent has no objection.
5. In the facts and circumstances of the case, without interfering with the order passed by the court below dated 28.02.2023, the present S.C.C. Revision is disposed of, directing the petitioner's to vacate the premises on or before 28.02.2024 with the decreetal amount as per the decree dated 28.02.2023 within a period of four months from today with the following conditions:-
(i) Defendant-revisionist is directed to file affidavit within two weeks from today before Additional District & Sessions Judge, Court No. 06, Kanpur Nagar to vacate the house in question within the time given by the Court;
(ii) Rent w.e.f., 01.03.2023 till the time the revisionist will vacate the premises namely 28.02.2024 is concerned he will make the payment of arrears of rent from March, 2023 till September, 2023 within a period of three weeks from today before Additional District & Sessions Judge, Court No. 06, Kanpur Nagar. In case, any amount is already deposited, same shall be adjusted against the decretal amount;
(iii) Insofar as the future rent is concerned i.e., w.e.f., 01.10.2023 till the time he will vacate the premises namely 28.02.2024, the rent will be deposited before the Additional District & Sessions Judge, Court No. 06, Kanpur Nagar @ Rs.10,000/- per month on or before 15th day of every month starting from October 15th, 2023 till the vacation of house 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.
6. It is made clear that the amount so deposited will be released in favour of the plaintiff-respondent (landlord) namely Sheo Lakhan Singh without furnishing any security.
7. 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 :- 4.10.2023
Swati
