2019 vs Mohd. Sharif" By Which
2023 Latest Caselaw 713 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       20th MARCH, 2023

                CIVIL REVISION NO. 38 of 2023



Between:

Mohd. Sharif                                 .....Revisionist

and

Smt. Sarita Aggarwal                        .....Respondent


Counsel for the Revisionist   :    Mr. Mahesh C. Pant
                                   Advocate and Mr. L.K.
                                   Tiwari, Advocate.

Counsel for the Respondent     :   Ms. Monika Pant, 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 15.02.2023, passed by learned

Judge, Small Causes Court/ Ist Additional District Judge,

Kashipur, District Udham Singh Nagar in SCC Suit No. 11 of

2019, "Smt. Sarita Aggarwal vs. Mohd. Sharif" by which,

learned Trial Court has decreed the Suit by passing an

eviction decree against the revisionist-defendant in relation

to the shop-in-question and directed the revisionist to pay

the arrears of rent for three years with effect from

30.10.2019 at the rate of 750.00 per month and mesne

profit at the rate of Rs. 750/- per month with effect from

01.01.2019 till the possession of the shop-in-question is

handed over to the respondent-plaintiff.

2. A supplementary affidavit (Misc. Application No.

02 of 2023) has been filed by the revisionist stating therein

that he, aged about 67 years, is ready to vacate the shop-

in-question within two years. He further undertakes to pay

regular monthly rent at the rate of Rs. 750 per month to the

respondent. Supplementary affidavit is taken on record.

3. Heard Mr. Mahesh C. Pant, Advocate and Mr. L.K.

Tiwari, Advocate, for the revisionist and Ms. Monika Pant,

learned counsel for the respondent.

4. Learned counsel appearing for the respondent

submitted that one year period may be granted to revisionist

to vacate the shop-in-question in place of two years, as

prayed by the revisionist.

5. Revisionist is agree.

6. Keeping in view the submissions of learned

counsel for parties, it is directed that the revisionist should

not be evicted from the shop-in-question till 31.03.2024.

Revisionist is directed to vacate the shop-in-question and

handover the vacant possession of the shop-in-question to

the respondent by 31.03.2024. Revisionist is further directed

to pay the monthly rent/mesne profit at the rate of Rs. 750

per month, as directed by Trial Court, on or before 7th of

each month. In case of default in payment, revisionist will be

liable to vacate the shop-in-question even before

31.03.2024, but, according to law.

7. Subject to the aforesaid undertakings, and, with

the consent of learned counsel for both the parties, present

Revision is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dt: 20th March, 2023 Shiksha