Unknown vs Laxmi
2021 Latest Caselaw 763 UK

WPMS No. 545 of 2021
Hon'ble Sharad Kumar Sharma, J.

Mr. J.C. Belwal, Advocate for the petitioner.

The petitioner is a tenant of the tenement, in dispute, which was subject matter of the proceedings of the SCC Suit, being SCC Suit No. 1 of 2014, Munni Begum Vs. Laxmi Narayan, which stood adjudicated on 10th May, 2016. Subsequently, the said judgment and decree, on a challenge being given by the petitioner in SCC Revision under Section 25 of the Act, being SCC Revision No. 2 of 2016, affirmed the Trial Court's judgment and dismissed the Revision on 20th January, 2021.

Before initiation of the argument, the learned counsel for the petitioner, very fairly, being conscious of his limitation to argue the matter on merits, as since being against the concurrent finding of the facts had offered a proposal to vacate the premises within the period of two years and, simultaneously, he has also conveyed that the execution proceedings have already been initiated by the respondent/ landlord and the same is pending consideration and the next date fixed is 27th March, 2021.

Exclusively based on the aforesaid statement, in order to solicit an opinion on the time period, which the landlord/respondent, is willing to extend to enable the petitioner to vacate the premises, in question, let notices be issued to the respondent.

The petitioner would serve respondent 'dasti' within a period of one week from today.

Put up this matter as soon as service is effected on the respondent/landlord.

Till the next date of listing only, or till the consensus is arrived at between the parties for the purposes of a settlement, for the grant of time to vacate the premises, the eviction of the petitioner would be kept in abeyance, subject to the condition that he deposits the entire decreetal amount within two weeks, and continue to pay the regular rent of the premises, in question, by 10th of each month.

Let copy of the order be supplied to the learned counsel for the petitioner on payment of usual charges today itself.

(Sharad Kumar Sharma, J.) Dated 08.03.2021 Shiv