Allahabad High Court
Ghanshyam vs Smt. Rajshree Chaudhary And ... on 9 October, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:194557
Court No. - 4
Case :- S.C.C. REVISION No. - 117 of 2023
Revisionist :- Ghanshyam
Opposite Party :- Smt. Rajshree Chaudhary And Another
Counsel for Revisionist :- Vinay Kumar Singh,Rituvendra Singh Nagvanshi
Counsel for Opposite Party :- Kamlesh Kumar Mishra,Ashish Kumar Singh
Hon'ble Prakash Padia,J.
1. The present revision has been filed against the impugned judgment and order dated 17.07.2023 passed by the Additional District Judge, Court No.11, Gorakhpur in SCC No.01/2020 (Smt. Rajshree Chaudhary and another Vs. Shri Ghanshyam).
2. The facts in brief as contained in the petition is that defendant-revisionist is tenant in the shop in dispute on ground floor of complex situated at Mohalla-Purdilpur near Vijay Chauraha, District Gorakbpur since 1998. In this regard an agreement deed has been executed between both the parties on 01.04.2011. The plaintiffs-respondents filed a suit being SCC Suit No.01/2020 against the defendant-revisionist on 24.12.2019 before the court of District Judge/Small Cause Judge, Gorakhpur for decree of eviction and recovery of rent as well as mens profits under Section 106 of Transfer Property Act read with Section 15 of Provincial Small Cause Court Act. The aforesaid SCC Suit was decreed by the court of Additional District Judge, Court No.11, Gorakhpur vide judgement and order dated 17.07.2023 directing the defendant-revisionist to handover the peaceful possession of the suit property within 30 days and further direction was given to deposit the rent @ Rs.17050/- per month from 14.12.2019 to the date of actual possession within 30 days.
3. It is admitted between the parties that there is no dispute in so far as rent part of the order is concerned but the only prayer made by Shri R. C. Singh, learned Senior Counsel assisted by Shri Vinay Kumar Singh, learned counsel for the revisionist that some more time be granted to the revisionist to vacate the premises.
4. At this point of time, it is very fairly argued by Shri Ashish Kumar Singh, learned counsel for the plaintiffs-respondents that nine months time be granted to the revisionist to vacate the premises. No arguements were raised to enhance the amount as has been prescribed by the court below.
5. In this view of the matter, counsel for the revisionist is permitted to file an affidavit in this regard within two weeks from today in the court of Additional District Judge, Court No.11, Gorakhpur that the revisionist will vacate the premises within a period of nine months, i.e., on or before 15.07.2024 and also make payment of rent regularly by 15 of each month starting from October, 2023.
6. In so far as arrears from 17.07.2023 till 30.09.2023 are concerned, the same may be deposited within three weeks from today in the court below.
7. The court below will release all the deposits in favour of the landlord without asking for any security.
8. Accordingly, present petition is disposed of in terms of the direction as stated above.
9. However, it is clarified that in the event of default in comliance of any directions issued hereinabove the interim protection granted under this order shall seize to operate and the landlord-respondent will be at liberty to get the decree executed in accordance with law.
Order Date :- 9.10.2023
Pramod Tripathi
