Allahabad High Court
Subhash Chandra Chaudhary vs Jai Prakash Sharma on 7 November, 2024
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:73477
Court No. - 7
Case :- S.C.C. REVISION No. - 20 of 2024
Revisionist :- Subhash Chandra Chaudhary
Opposite Party :- Jai Prakash Sharma
Counsel for Revisionist :- Shradha Mishra,Virendra Mishra
Counsel for Opposite Party :- Sneha Singh,Amit Kumar Singh
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for revisionist and Shri Amit Kumar Singh, learned counsel for the respondent.
2. Present revision has been filed challenging the judgment and order dated 21.08.2024 whereby the SCC Suit was decreed in favour of the landlord alongwith decree for arrears and damages assessed at Rs.350/- per day.
3. Learned counsel for the revisionist states that during the pendency of the suit, an amount of Rs.1,55,000/- was deposited and a security amount of Rs.50,000/- is also available with the landlord, thus, he submits that out of the total decreetal amount, an amount of Rs.2,05,000/- has already been deposited by the revisionist which can be withdrawn by the landlord, to which the revisionist has no objection.
4. Learned counsel for the respondent, based upon instructions, states that the respondent is ready and willing to forego the money decree of damages, however, the tenant should vacate the premises expeditiously.
5. Learned counsel for the revisionist, based upon instructions, seeks one year time to vacate the premises.
6. Considering the submissions as recorded above, the present revision is disposed off modifying the order dated 21.08.2024 insofar as it awards the arrears of rent and damages at the rate of Rs.350/- per day and the total damages awarded in the judgment and order dated 21.08.2024 are now quantified at Rs.1,00,000/- to be paid by the revisionist to the landlord within a period of two months from today and the revisionist shall also vacate the premises within a period of nine months and he shall file an affidavit to that effect within a period of three weeks from today before the JSCC Court undertaking to vacate the disputed premises on or before 31.07.2025 and handover the vacant possession of the said premises to the landlord and to no one else.
8. In the said affidavit/undertaking, the revisionist shall also undertake to pay the amount of Rs.1,00,000/- towards satisfaction of the decree as modified by this Court within a period of two months i.e. on or before 31.01.2025.
9. In the event of the default of the revisionist in filing the undertaking, as directed above, within the time prescribed or paying the amount, the respondent would be at liberty to execute the decree in terms of the judgment and order dated 21.08.2024 including the money decree as awarded in the impugned judgment dated 21.08.2024.
10. The undertaking, as directed above, shall be filed before Additional District & Sessions Judge which has passed the impugned judgment.
Order Date :- 7.11.2024
nishant
