"Rohit Shethy And Another vs Krishna Kumar Kalra" By
2023 Latest Caselaw 1049 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       19th APRIL, 2023

                 CIVIL REVISION NO. 36 of 2023



Between:

Krishna Kumar Kalra                                  .....Revisionist

and

Rohit Shethy and Another                            .....Respondents


Counsel for the Revisionist        :     Mr. T.A. Khan,
                                         Senior Advocate assisted
                                         by Mr. Vinay Bhatt,
                                         Advocate.

Counsel for the Respondents        :     Mr. B.D. Pande, Advocate.


Hon'ble Alok Kumar Verma,J.

Present Revision has been filed under Section 25

of the Provincial Small Cause Courts Act, 1887 against the

judgment and decree dated 28.02.2023, passed by learned

Judge, Small Causes Court/ Additional District Judge,

Ramnagar, District Nainital in SCC Suit No. 12 of 2021,

"Rohit Shethy and Another vs. Krishna Kumar Kalra" by

which, the said Suit has been allowed and by allowing the

said Suit, learned Trial Court has directed the revisionist-

defendant to vacate the shop-in-question and handover the

possession to the respondents-plaintiffs within a month.

Revisionist has also been directed to pay mesne profit at the

rate of Rs. 150/- per day till the possession of the shop-in-

question is handed over to the respondents-plaintiffs.

2. Heard Mr. T.A. Khan, learned Senior Advocate

assisted by Mr. Vinay Bhatt, learned counsel for the

revisionist and Mr. B.D. Pande, learned counsel for the

respondents.

3. Application for taking the affidavit dated

11.04.2023 (IA No. 2 of 2023), filed by the revisionist, is

taken on record.

4. Both the parties are present in-person. They are

identified by their learned counsel respectively.

5. According to the said Application (IA No. 2 of

2023), the revisionist undertakes to vacate the tenanted

premises on or before 12.04.2025, and, he shall deliver the

peaceful possession of the shop-in-question to the

respondents. He shall not seek for further extension of time

in any manner.

6. Revisionist further stated in the said Application

(IA No. 2 of 2023), supported by an affidavit, that he shall

pay the dues of the rent/mesne profit as follows:-

(a) The first installment of Rs. 32,000/- will be paid on

or before 12.06.2023.

(b) The second installment of Rs. 32,000/- will be paid

on or before 12.08.2023.

(c) The last installment of Rs. 32,000/- will be paid on

or before 12.10.2023.

7. Revisionist further stated that he will pay the rent

of the month of April, 2023 at the rate of Rs. 4,000/-

(Rupees four thousand) in a week and will pay the rent of

the next months at the rate of Rs. 4,000/- (Rupees four

thousand) per month in advance by the 8th day of every

month.

8. As per the said Application (IA No. 2 of 2023), the

aforesaid amount will be paid directly in the account of the

respondent, bearing Account No. 3880008700001847,

Punjab National Bank, Branch- Ramnagar and if any of these

conditions is violated, the respondent shall be at liberty to

get the decree executed, as per law.

9. Learned counsel for both the parties requested to

decide the present Revision on the aforesaid terms.

10. With the consent of learned counsel of both the

parties, present Revision is disposed of in the aforesaid

terms. Impugned judgment and decree dated 28.02.2023 is

modified accordingly.

11. The said Application (IA No. 2 of 2023) will be part

of the decree.

__________________ ALOK KUMAR VERMA, J.

Dt: 19th April, 2023 Shiksha