Aas Mohammad vs Haider Ali
2024 Latest Caselaw 17497 ALL

Allahabad High Court

Aas Mohammad vs Haider Ali on 16 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88875
 
Court No. - 50
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5782 of 2024
 

 
Petitioner :- Aas Mohammad
 
Respondent :- Haider Ali
 
Counsel for Petitioner :- Abhishek Pandey
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard Sri Abhishek Pandey, learned counsel for the petitioner.

2. Present petition has been filed challenging the judgment and decree dated 09.04.2024 passed by Additional District and Session Judge, Court No. 3, Muzaffarnagar in Rent Control Appeal No. 05 of 2024.

3. After detail argument, Sri Abhishek Pandey, learned counsel for the petitioner submitted that he does 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 nine months time to vacate the same.

4. Perused the record.

5. 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) Petitioner is directed to file affidavit within two weeks from today before Rent Authority/Additional Collector(Finance and Revenue), Muzaffarnagar 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 Rent Authority/Additional Collector(Finance and Revenue), Muzaffarnagar. 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 in question @ Rs. 2,500/- on month to month basis on or before 7th day of every month till the vacation of shop in question;

(iv) Amount of rent paid, if any, shall be adjusted against the amount mentioned in the impugned order dated 09.04.2024.

(v) Security amount shall be refunded, if remains after adjustment of the amount to be paid by the petitioner to the landlord in terms of impugned order dated 09.04.2024.

(vi) 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.

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

7. 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 :- 16.5.2024

ADY