WPMS/545/2021
2021 Latest Caselaw 3191 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
       ON THE 18TH DAY OF AUGUST, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 545 of 2021

BETWEEN:

Laxmi Naryan.                                  ..........Petitioner
     (By Mr. J.C. Belwal, Advocate)

AND:
Smt. Munni Begum.                                  ...Respondent
     (By Mr. B.D. Pande, Advocate)


                         JUDGMENT

In sequel to the order dated 08.03.2021, learned counsel for the petitioner had sought instructions regarding the time needed for vacating the premises in question. Today, on instructions, he has informed the Court that petitioner is ready to handover peaceful possession of the shop in question provided two years' time is granted to him for finding alternative accommodation.

2. Learned counsel for respondent submits that he has no objection, if 18 months' time is given to the petitioner for vacating the premises in question.

3. Considering the submissions advanced by learned counsel for the parties, this Court thinks it appropriate to grant 18 months' time to the petitioner

to vacate the premises in question subject to following conditions:-

(1) Petitioner shall file an undertaking in the form of an affidavit before learned Court below within two weeks that he shall vacate the premises in question on or before 28.02.2023 and handover vacant and peaceful possession of the premises in question to respondent.

(2) Petitioner shall pay the rent/mesne profits to the landlord on or before 7th day of each succeeding month.

(3) Petitioner shall not induct any other person as tenant in the premises in question.

(4) In the event of default of any of the aforesaid conditions, petitioner shall not be entitled to continue in the premises in question up to 28.02.2023 and he shall become liable to be evicted forthwith.

4. With above observation and directions, writ petition stands disposed of.

(MANOJ KUMAR TIWARI, J.) Arpan