Ashram Samiti vs Brij Mohan Arora" And Judgment ...
2023 Latest Caselaw 1088 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       21st APRIL, 2023

            WRIT PETITION (M/S) NO. 598 of 2013



Between:

Brij Mohan Arora (deceased) through L.R. Vishal Arora
                                                .....Petitioner

and

Kanso Devi Gyan Devi Tapowan Ashram Samiti

                                                .....Respondent


Counsel for the Petitioner       :   Mr. Mukesh Singh Rawat,
                                     Advocate.

Counsel for the Respondent       :   Mr. Siddhartha Singh,
                                     Advocate.



Hon'ble Alok Kumar Verma,J.

Present Writ Petition has been filed under Article

227 of the Constitution of India to set aside the judgment

and decree dated 06.03.2010, passed by learned Judge,

Small Causes Court/Civil Judge (Senior Division), Haridwar

in SCC Suit No. 9 of 2001, "Kanso Devi Gyan Devi Tapowan

Ashram Samiti vs. Brij Mohan Arora" and judgment dated

05.03.2013, passed by learned IVth Additional District Judge,

Haridwar in SCC Revision No. 13 of 2010.

2. Learned Trial Court had allowed the said SCC Suit

by passing an eviction order against the petitioner-defendant

in relation to the suit property and directed the petitioner to

deposit the outstanding rent of Rs. 5160/-, use and

occupation charges of Rs. 235/- and mesne profit at the

rate of ten rupees per day from the date of the Suit till the

possession of the suit property is handed over to the

respondent-plaintiff.

3. Against the said judgment and decree, Revision

was filed. The said Revision has been dismissed. Hence,

present Writ Petition.

4. Heard Mr. Mukesh Singh Rawat, learned counsel

for the petitioner and Mr. Siddhartha Singh, learned counsel

for the respondent.

5. Original petitioner Late Brij Mohan Arora has died

on 19.08.2015. On 10.01.2020, Substitution Application,

filed by Vishal Arora (son) legal representative of the

deceased petitioner, was allowed.

6. Petitioner has filed written submission dated

03.04.2023 and the same is taken on record.

7. Mr. Mukesh Singh Rawat, Advocate, submitted

that the petitioner is ready to vacate the suit property and

for the said purpose, he had sought time on 31.03.2023 to

file the said proposal through an application. Therefore, the

said written submission has been filed.

8. Mr. Mukesh Singh Rawat, Advocate, submitted

that through the said written submission, petitioner Vishal

Arora undertakes to vacate the suit property within one year

and he shall pay Rs. 5,000/- per month as a rent/mesne

profit to the respondent till peaceful possession of the suit

property is handed over to the respondent. He further

submitted that the petitioner shall not change the nature of

the suit property.

9. Having heard learned counsel for the parties, and,

the facts and circumstances of the case, in the interest of

justice, petitioner is granted time till 31.03.2024 to vacate

the suit property. The monthly payment shall be paid in

advance by the 8th day of every month.

10. Learned counsel for both the parties requested to

decide the present petition on the aforesaid terms.

11. With the consent of learned counsel of the parties,

present Petition is disposed of in the aforesaid terms.

__________________ ALOK KUMAR VERMA, J.

Dt: 21st April, 2023 Shiksha