Uttarakhand High Court
Sitab Singh vs Mahesh Chandra Nainwal on 2 January, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
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HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Revision No. 86 of 2022
Sitab Singh .........Revisionist
Versus
Mahesh Chandra Nainwal ..........Respondent
Presence:-
Mr. Lokendra Dobhal and Mr. Pratul Kumar Advocates for the
revisionist.
Mr. Piyush Garg, counsel for the respondent.
Dated : 02.01.2025
Hon'ble Vivek Bharti Sharma, J.
Present civil revision is filed by the
revisionist against the judgment and order dated
13.09.2022 passed by Judge, Small Causes
Court/Additional District Judge, Kotdwar, District
Pauri Garhwal, whereby the revisionist/tenant has
been directed to handover the possession of the
disputed property to the respondents/landlord. The
said court further directed the revisionist/tenant to
pay the outstanding rent from 01.12.2019 to
31.01.2020 @`5200/- per month and from
01.02.2020 till the date of handing over of the
peaceful actual possession to the
respondent/landlord @`2600/- per month.
2. Counsel for the respondent/landlord would
submit that on 07.10.2024, counsel for the
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revisionist/tenant has been granted time to get
instructions from his client about the time for
vacating the property 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
six months time may be granted to revisionist/tenant
for the said purposes.
4. Per contra, counsel appearing for
respondent/landlord would submit that three months
would be sufficient and reasonable for the said
purposes. He would further submit that the time of
three 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 three months and also
ready to pay the damages and the rent as directed by
the trial court. He would further submit that
pursuant to the order of the Coordinate Bench dated
01.11.2022, the revisionist/tenant had deposited
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`65000/- in the Registry of this Court on 09.11.2022,
therefore, this amount be remitted to the trial court.
6. On the consent of the both the counsel for
the parties, the revisionist/tenant is given three
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 03.04.2025.
(ii) Revisionist/tenant shall pay the decretal
amount and damages @`2600/- along with
arrears, if any, as directed by the Small
Causes Court within one month 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) Registry of this Court shall remit the amount
of `65000/-, if deposited, to the court
concerned and same shall adjust @`65000/-
in payment of decretal amount, arrears of
damages.
(vi) If revisionist/tenant fails to handover actual
vacant physical possession to landlord on or
before 03.04.2025, 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.)
02.01.2025
Mamta
MA Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT
OF UTTARAKHAND,
2.5.4.20=9f3ef5e40c7881302fcda45
MTA af446d3419e6d6e990fbd25a59bdb
957bba484d0d,
postalCode=263001,
st=UTTARAKHAND,
serialNumber=5DE1751A4F1D9CAB
FD54852C9E68911CA8B66DD26690
A191648AB5D8DD004EF0,
RANI
cn=MAMTA RANI
Date: 2025.01.06 11:16:14 +05'30'
2025:UHC:15
