Uttarakhand High Court
CLR/54/2025 on 6 October, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:8790
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
CLR/54/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Devesh Upreti, learned counsel
for the revisionist.
2. Mr. Lokendra Dobhal, learned counsel
for the respondent.
3. The instant revision has been
preferred under Section 25 of the
Provincial Small Causes Courts Act, 1887
against the judgment and decree dated
26.04.2025 passed in SCC Suit No. 1 of
2023, whereby, the suit preferred by the
plaintiff/respondent has been decreed.
4. The revision has yet not been
admitted, however, Mr. Devesh Upreti,
learned counsel for the revisionist, on
instructions proposes that the revisionist is
ready to vacate the shop in question for
which he submits that some reasonable
time may be given to vacate.
5. Apart from this he also submits that
the revisionist is agree to pay the entire
arrear of rent and will pay regularly
monthly rent till the shop is vacated,
however, since the revisionist is not in a
position to pay the mesne profit and
damages as decreed by the impugned
judgment and, therefore, the amount
towards the mesne profit and damages be
exempted.
6. On the other side, Mr. Lokendra
Dobhal, learned counsel for the
respondent, submits that if the revisionist
is ready to vacate the shop in question
within 18 months from today and to pay
the monthly rent regularly without any
break along with the arrear then he has no
objection. Towards the exemption as
sought for payment of mesne profit and
damages he submits that he has no
objection on this provided the revisionist
file an undertaking before the SCC Court
2025:UHC:8790
within a period of 15 days from today that
he will not cause any damages and sublet
to any other person and give peaceful
possession of the shop on the expiry of 18
months.
7. In view of the submission as
advanced by the learned counsel for the
parties, this court is of the view that since
the revisionist is ready to vacate the shop
in question, therefore, the reasonable time
of 18 months should be provided to vacate
the same subject to this condition that the
revisionist shall pay the monthly rent
regularly without any break and will not
sublet the shop and will not cause any
damages and give peaceful possession on
expiry of 18 months.
8. Accordingly, the instant revision is
disposed of finally with the direction to the
revisionist to vacate the shop in question
within 18 months from today and will pay
monthly rent regularly without any break
with arrear subject to further condition
that he will not sublet the shop in question
and will pay monthly rent regularly
without any break and give peaceful
possession on expiry of the aforesaid
period.
9. Since, learned counsel for the
respondent have not raised any objection
towards the mesne profit and damages,
therefore, the revisionist is exempted to
make payment towards mesne profit and
damages.
10. The revisionist shall also file an
undertaking as aforesaid within 15 days
from today before the SCC Court. It is
further made clear that in breach of any
undertaking as above this court will take
necessary steps to vacate the shop in
question.
(Rakesh Thapliyal, J.)
06.10.2025
Parul
2025:UHC:8790
