Agarwal vs Lt.Col. Sudhish Kumar Sharma And ...
2021 Latest Caselaw 5392 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                  29TH DECEMBER, 2021


            CIVIL REVISION No.107 of 2021


Between:

Lt. Col. Sudhish Kumar Sharma              ...Revisionist

and

Nathmal Agarwal (deceased) through
Legal Representatives.                  ...Respondents


Counsel for the Revisionist    :   Mr. Lokendra Dobhal.

Counsel for the Respondents :      Mr. Siddhartha Singh.


Hon'ble Alok Kumar Verma,J.

This SCC Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 29.11.2021, passed by the Judge, Small Cause Court/IVth Additional District Judge, Dehradun, whereby the SCC Suit No.3 of 1993, "Nathmal Agarwal vs. Lt.Col. Sudhish Kumar Sharma and Others" was allowed.

2. Heard Mr. Lokendra Dobhal, the learned counsel for the revisionist and Mr. Siddhartha Singh, the learned counsel for the respondents.

3. During the arguments, Mr. Lokendra Dobhal, the learned counsel for the revisionist, submitted that the revisionist undertakes to vacate the property-in-question within thirteen months from today. The learned counsel for the revisionist further submitted that all the rents and mesne profits had been deposited by the revisionist. He further submitted that the mesne profits, as directed by the learned trial court, shall be deposited by the revisionist.

4. The learned counsel for the revisionist submitted that the revisionist also undertakes that the revisionist will not demolish or alter the property-in-question.

5. Mr. Siddhartha Singh, the learned counsel for the respondents has no objection.

6. The learned counsel appearing for both the parties submitted that on the said oral undertakings, this civil revision may be disposed of.

7. In the light of the oral undertakings of the revisionist, the revisionist- Lt. Col. Sudhish Kumar Sharma may not be evicted from the property-in-question within thirteen months from today, provided he deposits the entire mesne profit, as directed by the learned trial court, with the court below. He is also directed to vacate the property-in-question and hand over the vacant possession of the property-in-question to the respondents immediately after the end of thirteen months from today. In case of default in payment or violation of the undertakings, the revisionist shall be liable to vacate the

property-in-question even before thirteen months from today, but, according to law.

8. Subject to the aforesaid undertakings and with the consent of the learned counsel for the parties, the present Civil Revision is disposed of.

___________________ ALOK KUMAR VERMA, J.

Dt: 29th December, 2021 JKJ/ Neha