Uttarakhand High Court

CLR/104/2024 on 10 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                   2025:UHC:5991
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS/209/2025
                               With
                               CLR No. 104 of 2024
                               Hon'ble Manoj Kumar Tiwari, J.

1. Mr. D.S. Patni, learned Senior Counsel appearing for the petitioner/revisionist

2. Mr. Piyush Garg, learned counsel for the respondent/landlord.

3. Since common questions of fact and law are involved in both the cases, therefore, these matters are clubbed together and are being heard & decided together. However, for the sake of brevity and convenience, facts of CLR No. 104 of 2024 alone are being considered.

4. This is tenant's revision under Section 25 of the Provincial Small Cause Courts Act, 1887, challenging the judgment & order dated 19.09.2024 passed by Judge Small Cause Court/Additional District Judge, Haldwani, District Nainital in SCC Case No. 7 of 2020. Learned trial court has ordered for eviction of revisionst and revisionist has also been directed to pay arrears of rent within 30 days. Thus, feeling aggrieved, revisionist has approached this Court.

5. After arguing for a while, Mr. D.S. Patni, learned Senior Counsel appearing for the revisionist submitted that revisionist is ready to vacate the shop in question, provided some reasonable time 2025:UHC:5991

is given to him for this purpose. Learned Senior Counsel further submits that the second appeal filed by his client, which is numbered as SA No. 37 of 2024, will also be withdrawn by him.

6. Learned counsel for the landlord (respondent herein), on instructions, submitted that revisionist may be given two years time to vacate the shop in question, provided he pays rent at the market rate to the landlord.

7. The offer made by learned counsel for the respondent is accepted by learned Senior Counsel for the revisonist.

8. In view of consensus between the parties, the Civil Revision as well as writ petition is disposed of with the following directions:

(i) Revisionist shall file an undertaking in the form of an affidavit before the executing court that he will vacate the shop in question and handover peaceful possession thereof, on or before 31.07.2027. Such affidavit shall be filed by him, positively within three weeks from today.

(ii) Till 31.07.2027, revisionist shall pay ₹5,000/- per month as use and occupation charges / rent to the respondent, effective from July, 2025.

(iii) Revisonist shall not sublet the property to anyone else, nor make any structural changes in the building in question, without written permission of the landlord.

(iv) In the event of breach of any of the aforesaid conditions by revisionist, then 2025:UHC:5991

he shall be liable to be evicted forthwith from the premises in question and he shall not be entitled to protection of this order.

(Manoj Kumar Tiwari, J.) 10.07.2025 Aswal NITI RAJ SINGH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea3

ASWAL 0f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A 58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.10 06:14:31 -07'00'