WPMS/3326/2018
2023 Latest Caselaw 28 UK

 IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
           ON THE 3RDDAY OFJANUARY, 2023
                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


          Writ Petition (M/S) No. 3326of 2018

BETWEEN:
RakeshSuri& another.                                    ...Petitioners
       (By Mr. B.P. Nautiyal, learned Senior Counsel, assisted by Mr.
       JayvardhanKandpal, learned counsel for the petitioner)


AND:
Rajesh Nautiyal.                                        ...Respondent
       (By Mr. PrashantKhanna, learned counsel for the respondent)


                            JUDGMENT

Respondent filed an application for release of a shop under Section 21 (1) (a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short 'Act No. 13 of 1972') against petitioners on the ground of bona fide need. After exchange of pleadings, the said application was allowed by Prescribed Authority, Rudraprayag vide judgment dated 13.04.2018.

2. Feeling aggrieved by the said judgment, petitioners filed an Appeal under Section 22 of U.P. Act No. 13 of 1972. Learned District Judge dismissed the Appeal vide judgment dated 07.08.2018. Thus feeling aggrieved by judgment and orders passed by Prescribed Authority as well as the Appellate Authority, petitioners have approached this Court. Both the learned Courts below have held need of the landlord (respondent) to be bona fide and the issue of

comparative hardship has also been decided in favour of the landlord.

3. After arguing for a while, Mr. B.P. Nautiyal, learned Senior Counsel for petitioners submitted that petitioners are ready and willing to vacate the shop in question, provided some reasonable time is given to them for finding another shop within the market area.

4. Mr. PrashantKhanna, learned counsel for respondent, on instructions, made a statement that respondent is agreeable to provide two years' time to petitioners for vacating the shop.

5. In view of the concession given by learned counsel for the parties, this Court thinks it appropriate to grant time till 31.12.2024 to petitioners to vacate the shop in question, which shall, however, be subject to following conditions:-

I. Petitioners shall file an undertaking in the form of an affidavit before learned Prescribed Authority within four weeks from today, that they shall vacate the premises in question and handover vacant and peaceful possession thereof to the respondent, on or before 31.12.2024.

II. Petitioners shall deposit the entire decretal amount, if not already deposited before Prescribed Authority, within four weeks from today, subject to adjustment of any amount deposited by them.

III. Petitioners shall pay the rent/mesne profits to the landlord for use and occupation of the shop in question, in

terms of judgment of Prescribed Authority, on or before 7th day of each succeeding month till vacating the shop.

IV. Petitioners shall not induct any other person as tenant in the shop in question.

V. Petitioners shall not cause any structural change nor damage the shop in question.

VI. In case of violation of any of the aforesaid conditions, petitioners shall not be entitled to continue in the premises in question up to 31.12.2024 and landlord shall be at liberty to initiate execution proceedings for eviction of the petitioner.

6. With above observation and directions, writ petition stands disposed of.

(MANOJ KUMAR TIWARI, J.) AK