WPMS/2863/2021
2022 Latest Caselaw 19 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
        ON THE 4TH DAY OF JANUARY, 2022
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 2863 of 2021

BETWEEN:

Smt. Anju.                                   ..........Petitioner
     (By Mr. Munish Bhardwaj, Advocate)

AND:
IV Additional District Judge,
Haridwar & others.                           ...Respondents
     (By Mr. Nikhil Singhal, Advocate for respondent no. 3)


                       JUDGMENT

This is tenant's petition under Article 227 of the Constitution against the order dated 08.12.2017 passed by learned Ist Additional Civil Judge (Senior Division), Haridwar in S.C.C. Suit No. 14 of 2012. Petitioner has also challenged the order passed by learned IVth Additional District Judge, Haridwar on 15.12.2021 in S.C.C.R. No. 02 of 2018.

2. Learned counsel for the petitioner, on instructions from his client, submits that petitioner is ready to handover peaceful possession of the premises in question to the respondent, but a reasonable time be granted to her for the purpose.

3. Learned counsel for respondent no. 3 submits that he has no objection, if some reasonable

time is given to the petitioner for vacating the premises in question.

4. Considering the submissions advanced by learned counsel for the parties, this Court thinks it appropriate to grant one year's time to the petitioner to vacate the premises in question subject to following conditions:-

(I) Petitioner shall file an undertaking in the form of an affidavit before learned Court below within four weeks that she shall vacate the premises in question on or before 31.01.2023 and handover vacant and peaceful possession of the premises in question to respondent no. 3.

(II) Petitioner shall deposit the entire decreetal amount, if any, before learned Court below within four weeks from today, subject to adjustment of any amount already deposited by her.

(III) Petitioner shall pay the rent/mesne profits to the landlord for use and occupation of the premises in question on or before 10th day of each succeeding month till vacation of the premises.

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

(V) Petitioner shall not cause any structural change or damage over the premises in question.

(VI) 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 31.01.2023 and landlord shall be at liberty to initiate execution proceedings for eviction of the petitioner.

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

(MANOJ KUMAR TIWARI, J.) Navin