Uttarakhand High Court

WPMS/681/2024 on 3 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                  COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPMS 1205/2024
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Siddhartha Singh and Mr. Nikhil Singhal, Counsel for the petitioner.

Mr. Piyush Garg, Advocate, for the caveator.

(2) Petitioner is tenant in shop in question. Landlord filed suit for eviction, which was decreed vide judgment dated 11.4.2022, passed by Judge, Small Cause Court, Haridwar in SCC Case No. 07 of 2018. Petitioner challenged the said judgment and decree in a revision under Section 25 of Provincial Small Cause Courts Act, 1887, which was dismissed by revisional court vide judgment dated 1.4.2024. Thus feeling aggrieved, petitioner (tenant) has filed this writ petition.

(3) After arguing for a while, Mr. Siddhartha Singh submits that petitioner is ready to vacate the shop in question, provided he is given some reasonable time for the purpose.

(4) Mr. Piyush Garg, learned for the respondent (landlord), submits that he has no objection if some reasonable time is given to the petitioner for vacating the shop in question.

(5) In view of the consensus between the parties, writ petition is disposed of in following terms:

(i) Impugned judgments and orders, passed by the courts below, stand confirmed.

(ii) Petitioner shall vacate and handover the possession of vacant shop, in question, to the landlord (respondent) on or before 30th June, 2027, without further extension.

(iii) An undertaking to this effect, in the form of affidavit, shall be filed by petitioner before the executing court.

(iv) Petitioner shall pay rupees five thousand per month, w.e.f.

1.7.2025, to the landlord (respondent) for use and occupation of the shop in question.

(v) Petitioner shall not create third party interest in the shop in question and shall not initiate fresh proceedings on the same cause of action.

(iv) In case of violation of any of the aforesaid conditions, petitioner shall not be entitled to protection of this order and he shall be liable to be evicted forthwith.

(Manoj Kumar Tiwari, J.)

3.7.2025 Pr