Mr. M.S Tyagi vs Vishvas Naithani
2021 Latest Caselaw 4270 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                    WPMS No. 2240 of 2021

 Yogesh Kumar and another
                                             .................Petitioners

                      Mr. M.S Tyagi, Senior Adv. for the petitioners

                           -versus-

 Vishvas Naithani
                                                  .........Respondent

                                None is present for the respondent

                      Date of Judgment
                         26.10.2021


 Sri S.K.Mishra, J.

1. Heard Mr. M.S. Tyagi, learned Senior Advocate for the petitioners.

2. In this writ petition under Article 227 of the Constitution of India, the petitioners being the tenant have assailed the order passed by the learned Additional District Judge, Kotdwar, Pauri Garhwal in Small Cause Court Revision No. 02 of 2019 confirming the order passed by Judge, Small Cause Court/Civil Judge (S/D), Kotdwar, Distt. Pauri Garhwal, in S.C.C. Suit No. 02 of 2018. The only contention raised by the learned counsel for the petitioners is that though there was need for compliance of Sub-Section 4 of Section 20 of the U.P. Urban Building (Regulation and Letting Rent Eviction), 1972, the order has been passed in complete disregard of such provision by Judge, Small Cause Court/Civil Judge (S/D), Kotdwar, Distt. Pauri Garhwal, by not extending the protection. In order to comply the protection under Sub-Section 4 of Section 20 of the aforesaid Act, the petitioner must deposit the entire outstanding rent, damages equal to the rent so calculated, 9% interest thereof and cost of the litigation etc. Admittedly, in this case, the damages have not been deposited by the petitioner-tenant.

3. At this stage, learned counsel for the petitioner prays that the writ application may be allowed to be dismissed as withdrawn with liberty to vacate the premises within 9 months calculated from today.

4. In that view of the matter, the writ application is allowed to be withdrawn with a condition that the petitioner shall appear before the Rent Control Authority/the Prescribed Authority in the aforesaid case and deposit a sum of Rs. 20,700/- as damages for the use of the occupied premises with following the conditions:-

i. That he will go on paying the rent at the @ of Rs. 3000/- per month to the landlord either through the Court or by postal money order/Bank Draft, duly sent through registered post acknowledgement due.

ii. He shall also file an affidavit before the Rent Controller that he will vacate the premises without any further order on completion of 9 months from today.

5. With such order, the writ application is allowed to be withdrawn.

6. There shall be no order as to costs

7. Urgent certified copy of this order be granted on proper application.

(S.K.Mishra) Judge

A/-