Laxman Prasad And Another vs Jitendra Khandelwal
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Allahabad High Court

Laxman Prasad And Another vs Jitendra Khandelwal on 15 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:87420
 
Court No. - 50
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3232 of 2024
 

 
Petitioner :- Laxman Prasad And Another
 
Respondent :- Jitendra Khandelwal
 
Counsel for Petitioner :- Ashish Kumar Srivastava
 
Counsel for Respondent :- Yogesh Kumar Saxena
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard Sri Ashish Kumar Srivastava, learned counsel for the petitioners and SriYogesh Kumar Saxena, learned counsel for the respondent.

2. Present petition has been filed challenging the judgment and order dated 15.12.2023 passed by Additional District & Sessions Judge, Court No. 7, Varanasi in Rent Appeal No. 109 of 2022 and judgment and order dated 09.05.2022 passed by learned Prescribed Authority/J.S.C.C. Varanasi in P.A. Case No. 3 of 2018.

3. After detail argument, Sri Ashish Kumar Srivastava, learned counsel for the petitioners submitted that he does not want to contest this petition on merits, but considering this fact that petitioners are tenant of the shop in question since long, they may be granted nine months time to vacate the same.

4. SriYogesh Kumar Saxena, learned counsel for the respondent has no objection to the submission raised by learned counsel for the petitioners, but he submitted that petitioners may be directed to submit affidavit to deposit the entire decretal amount and pay rent @ Rs. 3,500/- 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 nine months time to vacate the same from today with following condition;

(i) Petitioners are directed to file affidavit within two weeks from today before learned Prescribed Authority/J.S.C.C. Varanasi to vacate the shop in question within the time given by the Court;

(ii) Petitioners are directed to deposit all decretal amount within four weeks from today before learned Prescribed Authority/J.S.C.C. Varanasi. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iii) Petitioners are also directed to pay rent of shop in question in question @ Rs. 3,500/- 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 petitioners 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 petitioners to file fresh petition for the very same cause of action.

Order Date :- 15.5.2024

ADY