Rupali Gupta vs Kanti Tomar'
2022 Latest Caselaw 3513 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     03rd NOVEMBER, 2022
            Miscellaneous Application No. 2 of 2022
                                In
              Civil Revision No. 68 of 2022

Between:

Smt. Kanti Tomar.                       ...Applicant/Revisionist

and

Smt. Rupali Gupta.                              ...Respondent


Counsel for the Applicant/:   Mr. Siddhartha Singh.
Revisionist
Counsel for the Respondent:    Mr. Piyush Garg.
Hon'ble Alok Kumar Verma,J.

The said Revision (No. 68 of 2022) was filed against the judgment and decree dated 03.08.2022, passed by the Judge, Small Cause Court/1st Additional District Judge Haldwani, District Nainital in SCC Suit No. 13 of 2019, 'Smt. Rupali Gupta Vs. Kanti Tomar', whereby, the learned Trial Court decreed the suit by passing an eviction decree against the applicant-revisionist in relation to the building-in-question and directed the revisionist to pay arrears of rent and mesne profit.

2. Heard Mr. Siddhartha Singh, the learned counsel for the applicant-revisionist and Mr. Piyush Garg, the learned counsel for the respondent on the Miscellaneous Application MCC No. 2 of 2022, filed under Section 151 of the Code of Civil Procedure, 1908.

3. The said Revision was rejected at the admission stage on 01.09.2022. However, the impugned judgment and decree was modified. The applicant-revisionist was directed to handover the possession of the building-in-question, and to pay arrears of rent and mesne profit @ Rs. 150/- per year within 30 days from 01.09.2022.

4. Today, Mr. Siddhartha Singh, the learned counsel appearing for the applicant-revisionist requested to grant an appropriate time to the applicant-revisionist to vacate the building-in-question.

5. In the facts and circumstances of the case, six months period will be appropriate.

6. The learned counsel for the applicant-revisionist submitted that the applicant-revisionist Smt. Kanti Tomar undertakes to vacate the building-in-question till 30.04.2023. He further submitted that all the remaining arrears of rent and mesne profit shall be paid to the respondent/deposited within 15 days from today. He further submitted that the applicant- revisionist also undertakes that she will not sub-let the building-in-question.

7. Mr. Piyush Garg, the learned counsel for the respondent, is also agree.

8. In view of the said undertakings, the applicant- revisionist shall not be vacated from the building-in-question till 30.04.2023, provided, she deposits the remaining amount of rent and mesne profit within 15 days from today.

9. The applicant-revisionist is also directed to vacate the building-in-question and handover the vacant possession of the said property to the respondent by 30.04.2023. In case of default in payment or any other conditions, as mentioned above, the applicant-revisionist shall be liable to vacate the said property even before 30.04.2023.

10. Subject to the aforesaid undertakings, and, with the consent of the parties, the said Application (MCC No. 2 of 2022) is decided accordingly.

ALOK KUMAR VERMA, J.

Dated: 03rd November, 2022 Pooja