Anil Kumar vs Arun Kumar And Another
2024 Latest Caselaw 38671 ALL

Allahabad High Court

Anil Kumar vs Arun Kumar And Another on 23 November, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:183365
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 12144 of 2023
 

 
Petitioner :- Anil Kumar
 
Respondent :- Arun Kumar And Another
 
Counsel for Petitioner :- Manoj Kumar Dhuriya
 
Counsel for Respondent :- Nipun Singh
 

 
Hon'ble Ajit Kumar,J.
 

Heard Sri Manoj Kumar Dhuriya, learned counsel for the petitioner and Sri Nipun Singh, learned counsel for the respondent- landlord.

By means of this petition filed under Article 227 of the Constitution, petitioner, who is tenant of respondent - landlord has questioned the order passed by the Judge, Small Causes Court dated 25th March, 2021 assailing the suit for arrears of rent and eviction and has also challenged the order passed in SCC Revision No.- 10 of 2021 dated 29th March, 2023, whereby judgment and decree passed by the trial court has been affirmed.

After some argument, learned counsel for the petitioner submits that petitioner intends to vacate the shop in question provided some reasonable time is afforded to make a search for an alternative accommodation to shift the articles lying over there.

Learned counsel for the respondent-landlord does not have any objection if reasonable time is only afforded but since petitioner is paying very less amount towards rent, it may be enhanced as the commercial rate of the rent in the area is very high.

Considering the facts and circumstances of the case and the fact that the petitioner himself intends to vacate the shop in question, this Court considers it appropriate to allow 12 months time to vacate the shop in question and further direct the petitioner to pay Rs.3,000/- per month towards use and occupation of the shop in question.

In view of the above, this petition stands disposed of with following directions:

(i) Petitioner would be filing an affidavit of undertaking within a period of three weeks from today before the Prescribed Authority that he would be releasing/ vacating the tenanted premises in question within a period of one year and in any case by 22nd November, 2025;

(ii) Petitioner shall pay entire arrears of rent and shall continue to pay Rs. 3,000/- per month as damages towards use and occupation of premises, on every 7th day of every month beginning from the month of December, 2024.

(iii). If petitioner complies with the above directions, he shall not be evicted pursuant to the judgment and decree dated 29th March, 2023 till 22nd November, 2025 however, it is clarified that in the event of default either in furnishing affidavit of undertaking, as directed hereinabove, or depositing the arrears of rent and current amount towards damages for use and occupation of premises in question, protection granted to the petitioner ceased to operate and petitioner shall be liable to be evicted from the shop in question in accordance with law at the instance of respondent-landlord.

Order Date :- 23.11.2024

Atmesh