Anvar Ahmad vs Suresh Jaiswal
2024 Latest Caselaw 16370 ALL

Allahabad High Court

Anvar Ahmad vs Suresh Jaiswal on 9 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83598
 
Court No. - 50
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2988 of 2024
 

 
Petitioner :- Anvar Ahmad
 
Respondent :- Suresh Jaiswal
 
Counsel for Petitioner :- Arpit Agarwal,Rahul Saxena
 
Counsel for Respondent :- Satendra Kumar Sharma,Vinayak Nath Singh
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard SriArpit Agarwal along with Sri Rahul Saxena, learned counsel for the petitioner and SriVinayak Nath Singh, learned counsel for the respondent.

2. Present petition has been filed challenging the judgment and order dated 18.08.2022 passed by learned Judge Small Causes Court, Pilibhit in SCC Case no. 7 of 2006 and judgment and order dated 23.11.2023 passed by the learned District Judge, Pilibhit in SCC Revision No. 83 of 2022.

3. After detail argument, SriArpit Agarwal along with Sri Rahul Saxena, learned counsel for the petitioner submitted that they do not want to contest this petition on merits, but considering this fact that petitioner is tenant of the shop in question since long, he may be granted one year time to vacate the same.

4. SriVinayak Nath Singh, learned counsel for the respondent has no objection to the submission raised by learned counsel for the petitioner, but he submitted that petitioner may be directed to submit affidavit to deposit the entire decretal amount and pay rent @ Rs. 1,500/- on month to month basis till the vacation of shop in question.

5. I have considered the rival submissions raised by learned counsel for the parties.

6. Considering the fact that petitioner is tenant of the shop in question since long, he is granted one year time to vacate the same from today with following condition;

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

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

(iii) Petitioner is also directed to pay rent of shop in question @ Rs. 1,500/- on month to month basis on or before 7th day of every month till the vacation of shop in question 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 respondent shall be at liberty to proceed against the petitioner in accordance with law.

7. With the aforesaid observations, petition is disposed of.

8. 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 :- 9.5.2024

ADY