CLR/29/2021
2023 Latest Caselaw 768 UK

        IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL

             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       22nd MARCH, 2023

                 CIVIL REVISION NO. 29 of 2021



Between:

Mohd. Akram                                      .....Revisionist

and

Smt. Neelam Chabda                              .....Respondent


Counsel for the Revisionist      :     Mr. Nagesh Aggarwal,
                                       Advocate.

Counsel for the Respondent        :    Ms. Laxmi Saini, Advocate.
Hon'ble Alok Kumar Verma,J.

Present Civil Revision has been filed under Section

25 of the Provincial Small Cause Courts Act, 1887 against

the judgment and decree dated 16.03.2020, passed by

learned Judge, Small Causes Court/ IInd Additional District

Judge, Roorkee, District Haridwar in SCC Suit No. 11 of

2013, "Smt. Neelam Chabda vs. Mohd. Akram" by which, the

said Suit has been decreed.

2. Learned counsel for the revisionist-defendant has

filed a supplementary affidavit dated 17.03.2023.

Supplementary affidavit is taken on record.

3. Heard Mr. Nagesh Aggarwal, Advocate, for the

revisionist and Ms. Laxmi Saini, learned counsel for the

respondent.

4. Learned counsel for the revisionist submitted that

revisionist undertakes to vacate the suit property within 15

days' from today and he will deposit the entire outstanding

mesne profit at the rate of Rs. 5,000/- (Rupees Five

Thousand) per month in place of Rs. 8,000/- (Rupees Eight

Thousand) per month from 18.05.2013 within three months

from today.

5. Ms. Laxmi Saini, learned counsel for the

respondent-plaintiff agrees. She submitted that the

respondent-plaintiff is waiving off the residual amount, as

directed by learned Trial Court to revisionist to pay, and he

will not make any claim on the said residual amount in

future.

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

with the consent of learned counsel for the parties, it is

directed that the revisionist may not be evicted from the suit

property within fifteen days from today. Revisionist is

directed to pay/deposit the entire mesne profit at the rate of

Rs. 5,000/- per month from 18.05.2013, within three

months from today.

7. Present Revision is disposed of accordingly.

__________________ ALOK KUMAR VERMA, J.

Dt: 22nd March, 2023 Shiksha