Uttarakhand High Court
Praveen Sachdeva vs Vikkal Rathi on 13 February, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
2025:UHC:864
HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Revision No. 138 of 2023
Praveen Sachdeva .......Revisionist
Versus
Vikkal Rathi .......Respondent
Presence:-
Mr. Sudhir Kumar, learned counsel for the revisionist.
Mr. Nikhil Singhal, learned counsel for the respondent.
Dated: 13.02.2025
Hon'ble Vivek Bharti Sharma, J.
Present civil revision is filed by the
revisionist/tenant against the judgment and order
dated 07.08.2023/08.08.2023 passed by Judge,
Small Causes Court/Additional District Judge-V,
Haridwar, District Haridwar, whereby the
revisionist/tenant has been directed to handover the
possession of the disputed property to the
respondents/landlord and further directed the
revisionist/tenant to pay the outstanding rent to the
respondent/landlord.
2. Counsel for the respondent/landlord would
submit that the revisionist is a tenant in the premises
in dispute; that, the respondent/landlord filed a suit
against the revisionist/tenant for eviction and
recovery of arrears of rent and damages before the
2025:UHC:864
Judge, Small Causes Court, Haridwar; that, the said
Court vide judgment and order dated 07.08.2023
decreed the suit against the revisionist/tenant; that,
the revisionist/tenant has not yet vacated the
premises in question.
3. Today, counsel for the revisionist/tenant on
instruction would submit that the revisionist/tenant
is ready and willing to handover the peaceful
possession to the respondent/landlord but at least
one year time may be granted to revisionist/tenant
for the said purposes.
4. Per contra, counsel appearing for
respondent/landlord would submit that six months
would be sufficient and reasonable for the said
purposes. He would further submit that the time of
six months be given to the revisionist/tenant on the
condition that the revisionist/tenant shall pay the
damages as directed by the trial court.
5. To this, counsel for the revisionist/tenant
would submit that the revisionist/tenant is ready to
vacate the premises within six months and is also
ready to pay the damages and the rent as directed by
the trial court.
2025:UHC:864
6. On the consent of the both the counsel for
the parties, the revisionist/tenant is given six months
time to vacate the premises in question on the following
conditions:
(i) Revisionist/tenant shall handover peaceful,
vacant and actual possession to landlord-
respondent, herein, on or before 01.10.2025.
(ii) Revisionist/tenant shall pay the decretal
amount and damages along with arrears, if
any, as directed by the Small Causes Court
within 15 days from today.
(iii) Revisionist/tenant shall pay the damages by
7th day of each month of English Calendar as
directed by the Small Causes Court.
(iv) An undertaking to the above effect shall be
filed in the shape of affidavit by
revisionist/tenant before the court concerned
within two weeks.
(v) If revisionist/tenant fails to handover actual
vacant physical possession to landlord on or
before 01.10.2025, respondents/landlord
shall be at liberty to take possession of
premises in question by making application
for the same in view of above in the trial
court and same shall be executed
straightaway.
7. In view of the above directions, the civil
revision stands disposed of accordingly.
(Vivek Bharti Sharma, J.)
13.02.2025
Mamta
2025:UHC:864
