Uttarakhand High Court
WPMS/3559/2018 on 9 March, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 9TH DAY OF MARCH, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 3559 of 2018
BETWEEN:
Suresh Chand Agarwal. ..........Petitioner
(By Mr. Siddhartha Singh & Mr. Nikhil Singhal,
Advocates)
AND:
Ravi Mehta. ...Respondent
(By Mr. Aditya Singh, Advocate)
JUDGMENT
Petitioner is the landlord, who filed
application for release of the building under Section
21 (1)(a) of U.P. Urban Buildings (Regulation of
Letting, Rent and Eviction) Act, 1972, before
Prescribed Authority. His release application was
allowed by learned Prescribed Authority, vide
judgment dated 02.06.2016, however in appeal filed
by tenant (respondent herein), judgment of
Prescribed Authority was set-aside and release
application was rejected. Feeling aggrieved by the
judgment passed by Appellate Authority, this writ
petition has been filed.
2. After arguing for a while, learned counsel
for the respondent submitted that his client is ready
to vacate the shop and handover physical possession
of the shop in question to petitioner, provided 18
months' are given to him for finding some suitable
alternative accommodation.
3. Learned counsel for petitioner submits that
he has no objection if some reasonable time is given
to the tenant for vacating the shop, however, he
submits that 18 months' would be too long for this
purpose and some lesser time may be given to the
tenant.
4 Having regard to the concession given by
learned counsel for the parties, this Court thinks it
appropriate to grant time till 30.04.2023 to the
respondent for vacating the shop in question, subject
to following conditions:-
(I) Respondent shall file an undertaking in
the form of an affidavit before learned
Prescribed Authority, within three weeks
from today, that he shall vacate the shop in
question on or before 30.04.2023 and
handover vacant and peaceful possession of
the shop in question, to petitioner on
01.05.2023.
(II) Respondent shall deposit decreetal
amount, if any, before learned Court below
within four weeks from today, subject to
adjustment of any amount already
deposited by him.
(III) Agreed rent was `1,200/- per month.
Respondent shall pay `2,400/- per month
as use and occupation charges w.e.f.
01.04.2022, which shall be deposited
before Prescribed Authority before 10th day
of each succeeding month till vacation of
the shop in question. The amount payable
for April, 2023 shall be deposited before
vacating the shop.
(IV) Respondent shall deposit entire arrears
of rent before Prescribed Authority,
positively within six weeks.
(V) Respondent shall not induct any other
person as tenant in the shop in question.
(VI) Respondent shall not make any
structural change/alteration in the shop in
question and he shall not damage the walls,
roof or floor of the shop.
(VII) In the event of default of any of the
aforesaid conditions, respondent shall not
be entitled to continue in the shop in
question up to 30.04.2023 and petitioner-
landlord shall be at liberty to seek eviction
of the respondent, as per law.
5. With above observation and directions, writ
petition stands disposed of.
(MANOJ KUMAR TIWARI, J.)
Navin
