CLR/41/2021
2022 Latest Caselaw 861 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     22nd MARCH, 2022

              CIVIL REVISION NO.41 of 2021

Between:

Manish Kumar Garg.                                ...Revisionist

and

Smt. Anuradha Garg and Another.                  ...Respondents


Counsel for the Revisionist    :       Mr. Sachin Kumar
                                       Sharma.

Counsel for the Respondents        :    Mr. Anshu Kumar.

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 27.03.2021, passed by the learned Judge, Small Cause Court/IInd Additional District Judge, Roorkee, District Haridwar in SCC Suit No.26 of 2015 "Smt. Anuradha Garg and Another vs. Manish Kumar Garg", whereby, the learned trial court has allowed the said suit.

2. Heard Mr. Sachin Kumar Sharma, the learned counsel for the revisionist and Mr. Anshu Kumar, the learned counsel for the respondents.

3. During the arguments, the learned counsel for the revisionist-defendant submitted that the revisionist undertakes that he will vacate the shop-in-question within

twelve months from today. The learned counsel for the revisionist further submitted that the revisionist will pay the mesne profit, as directed by the learned trial court, continuously.

4. The learned counsel for the respondents- plaintiffs has no objection on the said undertakings.

5. In the light of the oral undertaking of the revisionist, the revisionist may not be evicted from the shop-in-question before twelve months from today. The revisionist is directed to vacate the shop-in-question and handover the vacant possession of the shop-in-question to the respondents by twelve months from today. The revisionist is further directed to deposit the monthly mesne profit. In case of default in payment, the revisionist will be liable to vacate the shop-in-question even before twelve months from today, but, according to law.

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

___________________ ALOK KUMAR VERMA, J.

Dt: 22nd March, 2022 Neha