CLR/11/2022
2022 Latest Caselaw 662 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   09TH MARCH, 2022

            CIVIL REVISION NO.11 of 2022

Between:

M/S Chitrahar Electronics, Patel Marg Kotdwar and Others.
                                            ...Revisionists

and

Abhikesh Maundola and Another.              ...Respondents


Counsel for the Revisionists   :    Mr. Raman Kumar
                                    Shah, learned counsel.

Counsel for the Respondents    :    Mr. Sudhir Kumar,
                                    learned counsel.

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 13.01.2022, passed by the Judge, Small Cause Court/Additional District Judge Kotdwar, District Pauri Garhwal in SCC Suit No.03 of 2019 "Shri Abhishek Maundola and Another vs. M/S Chitrahar Electronics and Others", by which, the learned trial court has allowed the said suit for eviction, recovery of rent and for damages.

2. Heard Mr. Raman Kumar Shan, the learned counsel for the revisionists and Mr. Sudhir Kumar, the learned counsel for the respondents.

3. During the arguments, the learned counsel for the revisionists submitted that the revisionists undertake to vacate the property-in-question by 31.03.2023. He

further submitted that all the remaining decreetal amount shall be deposited within three months from today. He submitted that the revisionists shall deposit the monthly mesne profits by seventh day of the next month upto 31.03.2023.

4. The learned counsel for the respondents is agree with the said proposal.

5. In the light of the oral undertakings of the revisionists, the revisionists may not be evicted from the property-in-question till 31.03.2023, provided they deposit the remaining mesne profit, as directed by the learned trial court, with the court below. The revisionists are also directed to vacate the property-in-question and handover the vacant possession of the property-in-question to the respondents by 31.03.2023. The revisionists are further directed to deposit the monthly mesne profit, as stated by the learned counsel for the revisionists. In case of default in payment or violation of the undertakings, the revisionists shall be liable to vacate the property-in- question even before 31.03.2023, but, according to law.

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

___________________ ALOK KUMAR VERMA, J.

Dt: 09th March, 2022 Neha