WPMS/823/2021
2021 Latest Caselaw 3340 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
       ON THE 27TH DAY OF AUGUST, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 823 of 2021

BETWEEN:

Renu Thakral                      ... Petitioner
     (By Mr. Yogesh Pant, Advocate)

AND:
Ganga Ashram Trust & others ...Respondents
     (By Mr. Nikhil Singhal, Advocate)

                      JUDGMENT

1. This is tenant's petition under Article 227 of the Constitution against the order dated 08.03.2018 passed by learned Civil Judge (Senior Division), Rishikesh in SCC Suit No. 22 of 2005. Petitioner has also challenged the order passed by learned Appellate Court on 24.02.2021 in SCC Revision No. 02 of 2018, whereby her revision against learned trial Court's order was dismissed.

2. Learned counsel for the petitioner fairly submits that petitioner is ready to handover the vacant and peaceful possession of the premises in question to the respondents, but a reasonable time be granted to her for the purpose.

3. Learned counsel for respondents has agreed to grant reasonable time to the petitioner to vacate

the premises in question, provided petitioner agrees to pay the market rent.

4. Considering the submissions advanced by learned counsel for the parties, this Court thinks it appropriate to grant 24 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 she shall vacate the premises in question on or before 31.08.2023 and handover vacant and peaceful possession of the premises in question to respondents.

(2) Petitioner shall pay ₹1,200/- per month as rent w.e.f. August, 2021 for use and occupation of the premises in question, on 7th day of each succeeding month till vacation of the premises.

(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 31.08.2023 and she shall become liable to be evicted forthwith.

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

(MANOJ KUMAR TIWARI, J.) Aswal