Unknown vs Others"
2023 Latest Caselaw 87 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL


           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   06TH JANUARY, 2023

                CIVIL REVISION NO.75 of 2022

Between:

The Superintendent of Post,
Post Office Tehri Division, New Tehri
and Others                                   ...Revisionists

and

Jas Ram                                        ...Respondent



Counsel for the Revisionists    :   Mr. Pankaj Chaturvedi.

Counsel for the Respondent      :   Mr. Niranjan Bhatt.



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 05.04.2022, passed by learned

Judge, Small Cause Court/District Judge, Uttarkashi in SCC

Suit No.01 of 2020, "Jasram vs. Superintendent of Post, Post

Office, Tehri Garwhal, District Tehri Garhwal and three

Others", by which, the said SCC Suit has been decreed and

by decreeing the said suit, the learned Trial Court has

directed the revisionists-defendants to vacate the suit

property within three months.

2. Heard Mr. Pankaj Chaturvedi, learned counsel for

the revisionists and Mr. Niranjan Bhatt, learned counsel for

the respondent.

3. Present Revision has been filed along with an

application to condone the delay of 64 days in preferring the

proposed revision. The said application has not been

opposed by the respondent. In the interest of justice, Delay

Condonation Application (IA No.2 of 2022) is allowed. Delay

of 64 days, in preferring the revision, is condoned.

4. Learned counsel appearing for the revisionists-

defendants submitted that he has received instructions from

the revisionists and according to the said instructions, the

revisionists undertake to vacate the said property by

31.01.2024. He further submitted that Mesne profit @

Rs.3000/-per month shall be deposited before the court

concerned/paid by the revisionists-defendants to the

respondent-plaintiff regularly.

5. Learned counsel for both the parties submitted

that on the said oral undertakings, the present revision may

be disposed of.

6. In view of the said oral undertakings, the

revisionists-defendants may not be evicted from the suit

property till 31.01.2024, provided they deposit/pay the said

mesne profit, as submitted by the revisionists-defendants,

regularly. The revisionists are directed to vacate the said

property and handover the vacant possession of the said

property to the respondent by 31.01.2024.

7. It is clarified that in case of default in payment of

said mesne profit, the revisionists shall be liable to vacate

the said property even before 31.01.2024, but in accordance

with law.

8. Subject to the aforesaid undertakings, and, with

the consent of learned counsel for the parties, present

Revision (CLR No.75 of 2022) is disposed of.

---------------------------

ALOK KUMAR VERMA, J.

Dt: 06.01.2023 JKJ/Pant