Raja Atahar Raheem And 3 Others vs A.D.J. Court No. 14 And 7 Others
2024 Latest Caselaw 18019 ALL

Allahabad High Court

Raja Atahar Raheem And 3 Others vs A.D.J. Court No. 14 And 7 Others on 20 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:90734
 
Court No. - 50
 

 
Case :- WRIT - A No. - 53075 of 2015
 

 
Petitioner :- Raja Atahar Raheem And 3 Others
 
Respondent :- A.D.J. Court No. 14 And 7 Others
 
Counsel for Petitioner :- ,Mohd. Saleem Khan
 
Counsel for Respondent :- Swetashwa Agarwal,A.K. Singh
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard Mohd. Saleem Khan, learned counsel for the petitioner and Sri Swetashwa Agarwal, learned counsel for the respondent.

2. Present petition has been filed challenging the judgment and order dated 7.2.2014 passed by the Judge Small Causes Court in Suit No.1 of 1999 (R.K. Mehra and others vs. Abdul Raheem @ Bhaiya Ji and others) and the judgment and order dated 13.8.2015 passed by Additional District Judge, Court No.14, Meerut in SCC Revision No.7 of 2014.

3. After argument at length, 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 premises in question since long, he may be granted some time to vacate the same.

4. Sri Swetashwa Agarwal, learned counsel for the respondent has no objection to the submission raised by the learned counsel for the petitioner subject to deposit of rent per month till the vacation of premises in question. He further submitted that petitioner may be directed to submit affidavit about the vacation of premises 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 premises 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 learned Judge Small Causes Court, Meerut to vacate the premisesin question within the time given by the Court.

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

(iii) Petitioner is also directed to pay rent of premises in question per month on month to month basis on or before 7th day of every month till the vacation of house.

(iii) 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-petitioner in accordance with law.

7. With the aforesaid observations, petition is disposed of

Order Date :- 20.5.2024

Junaid