Gupta vs Rup Kishor Rastogi'
2025 Latest Caselaw 5568 UK

Uttarakhand High Court

Gupta vs Rup Kishor Rastogi' on 18 November, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                      2025:UHC:10194
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                               CLR No. 71 of 2023

                               Hon'ble Rakesh Thapliyal, J.

1. Mr. Vijay Bhatt, learned counsel for the revisionist.

2. Mr. Sanjeev Kumar Sah, learned counsel for the respondent.

3. The instant revision has been preferred by the revisionist against the judgment and decree dated 06.05.2023/15.05.2023 passed by the 2nd Additional District Judge, Haldwani, District Nainital, in SCC Suit No. 19 of 2021 'Vijay Kumar Gupta vs. Rup Kishor Rastogi'.

4. Earlier on 07.06.2023 submission was made by the learned counsel for the revisionist that the revisionist/ tenant will vacate the tenanted premises within two years from today, though on such proposal the respondent/landlord was not agreed at that point of time but no final order was passed and the matter was kept pending. As it appears from the order sheet such submission was made on 07.06.2023 and therefore the period of two years is already expired on 07.06.2025.

5. Today, both the parties are present and the revisionist submits that one year more may also be granted to the revisionist to vacate the premises. The respondent/landlord though objected but taking into consideration that no order was passed on the earlier proposal though two years as proposed earlier is already expired on 07.06.2025 and since the revisionist is running a shop, this court is of the view that one year more time is granted to the revisionist to vacate the tenanted premises.

6. In view of this, the present civil revision is disposed of finally with the direction to the present revisionist to vacate the tenanted premises on or before 30.11.2026.

7. It is further made clear that the agreed rent in between the parties i.e. Rs. 15,200/- is also increased as Rs. 16,000/- per month and till the tenanted premises is vacated by the revisionist the 2025:UHC:10194 revisionist will pay the rent from 01.12.2025 at the rate of Rs. 16,000/- per month.

8. It is further made clear that the revisionist shall file an undertaking as aforesaid before the SCC court within two weeks from today.

9. It is further made clear that if on or before 30.11.2026 the revisionist will not vacate the shop in question the respondent/landlord apprise to this court by moving an application so that appropriate steps be taken against the revisionist.

(Rakesh Thapliyal, J.) 18.11.2025 PR 2025:UHC:10194