Uttarakhand High Court
6 January vs Jai Prakash on 6 January, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
2025:UHC:108
HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Revision No. 61 of 2021
06 January, 2025
Umesh Lal Verma ... Revisionist
Versus
Jai Prakash ...Respondent
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Presence:-
Mr. I P Kohli, Advocate for the Revisionist.
Mr. Akshay Joshi, Advocate for the respondent.
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Hon'ble Vivek Bharti Sharma, J. (Oral)
This civil revision is filed against the judgment
and decree dated 10.08.2021 passed by Judge, Small
Causes Court/Ist Additional District Judge, Nainital in
S.C.C. Case No.01 of 2020, whereby the suit filed by the
revisionist/landlord for eviction, rent and damages was
dismissed.
2. Learned counsel for the parties would submit
that pursuant to order dated 05.12.2024 parties are
present in the Court today.
3. Learned counsel for the respondent/tenant
would submit that by way of Misc. Application No.07 of
2024 the revisionist/tenant undertakes to vacate the
premises in question within one year subject to the
condition that the revisionist/landlord would restore the
electricity and water connection forthwith.
2025:UHC:108
4. Learned counsel for the revisionist/landlord
would, after conferring with the revisionist/landlord,
consents to the undertaking given by the
respondent/tenant, albeit, on the condition of payment of
rent last paid, along with water and electricity charges.
He would further submit that the rate of rent last paid
was Rs.4,000/- per month and Rs.1,000/- per month
towards water and electricity charges.
5. Having considered the submissions made by
learned counsel for both the parties and on their
consent, following order is passed:-
(i) The respondent/tenant shall handover the
vacant and peaceful possession of the tenanted
premises to the revisionist/landlord on or
before 1st February, 2026.
(ii) Till 1st February, 2026 or till the vacation of the
tenanted premises, the respondent/tenant shall
pay the rent in advance @ Rs.4,000/- per
month to the revisionist/landlord by 7th day of
each month of English Calendar as well as the
electricity and water charges @ Rs.1,000/- per
month.
(iii) In this regard, the revisionist/landlord shall
give the account details on the WhatsApp
Number of the respondent/landlord and
intimation in writing to his counsel within four
days.
(iv) That, the revisionist/landlord shall get the
electricity and water connection restored at the
2025:UHC:108
earliest, preferably within a week.
(v) In the event of failure of condition nos.(i) and (ii)
for two consecutive months provided the
condition no.(iii) is complied with, the
revisionist/landlord would be at liberty to take
possession of the tenanted premises by making
an application before the Judge, SCC
concerned, who in turn, shall pass order for
vacating the premises straightaway.
6. Subject to the above, present civil revision
stands disposed of.
7. All pending applications also stand disposed
of accordingly.
(Vivek Bharti Sharma, J.)
06.01.2024
Rajni
RAJINI DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT
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GUSAI f1d9b1f17d01342,
postalCode=263001,
st=UTTARAKHAND,
serialNumber=8D039BC77BD1A2
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013F530616A158A0A878BD8,
cn=RAJINI GUSAIN
Date: 2025.01.07 16:50:05 +05'30'
