Sitab Singh v. Mahesh Chandra Nainwal

HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Revision No. 86 of 2022

Sitab Singh ………Revisionist Versus

Mahesh Chandra Nainwal ……….Respondent

Presence:- Mr. Lokendra Dobhal and Mr. Pratul Kumar Advocates for the revisionist. Mr. Piyush Garg, counsel for the respondent.

Dated : 02.01.2025 Hon'ble Vivek Bharti Sharma, J.

Present civil revision is filed by the revisionist against the judgment and order dated

13.09.2022 passed by Judge, Small Causes Court/Additional District Judge, Kotdwar, District Pauri Garhwal, whereby the revisionist/tenant has been directed to handover the possession of the disputed property to the respondents/landlord. The said court further directed the revisionist/tenant to pay the outstanding rent from 01.12.2019 to

31.01.2020 @`5200/- per month and from

01.02.2020 till the date of handing over of the peaceful actual possession to the respondent/landlord @`2600/- per month.

2.

Counsel for the respondent/landlord would submit that on

07.10.2024, counsel for the

revisionist/tenant has been granted time to get instructions from his client about the time for vacating the property in question.

3.

Today, counsel for the revisionist/tenant on instruction would submit that the revisionist/tenant is ready and willing to handover the peaceful possession to the respondent/landlord but at least six months time may be granted to revisionist/tenant for the said purposes.

4.

Per contra, counsel appearing for respondent/landlord would submit that three months would be sufficient and reasonable for the said purposes. He would further submit that the time of three months be given to the revisionist/tenant on the condition that the revisionist/tenant shall pay the damages as directed by the trial court.

5.

To this, counsel for the revisionist/tenant would submit that the revisionist/tenant is ready to vacate the premises within three months and also ready to pay the damages and the rent as directed by the trial court. He would further submit that pursuant to the order of the Coordinate Bench dated

01.11.2022, the revisionist/tenant had deposited

`65000/- in the Registry of this Court on 09.11.2022, therefore, this amount be remitted to the trial court.

6.

On the consent of the both the counsel for the parties, the revisionist/tenant is given three months time to vacate the premises in question on the following conditions:

(i) Revisionist/tenant shall handover peaceful, vacant and actual possession to landlord-respondent, herein, on or before 03.04.2025.

(ii) Revisionist/tenant shall pay the decretal amount and damages @`2600/- along with arrears, if any, as directed by the Small Causes Court within one month from today.

(iii) Revisionist/tenant shall pay the damages by 7th day of each month of English Calendar as directed by the Small Causes Court.

(iv) An undertaking to the above effect shall be filed in the shape of affidavit by revisionist/tenant before the court concerned within two weeks.

(v) Registry of this Court shall remit the amount of `65000/-, if deposited, to the court concerned and same shall adjust @`65000/- in payment of decretal amount, arrears of damages.

(vi) If revisionist/tenant fails to handover actual vacant physical possession to landlord on or before

03.04.2025, respondents/landlord shall be at liberty to take possession of premises in question by making application for the same in view of above in the trial court and same shall be executed straightaway.

7.

In view of the above directions, the civil revision stands disposed of accordingly.

(Vivek Bharti Sharma, J.)

02.01.2025 Mamta MA MTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=9f3ef5e40c7881302fcda45 af446d3419e6d6e990fbd25a59bdb 957bba484dtid, postalCode=263001, st=UTTARAKHAND, serialNumber=5DE1751A4F1D9CAB FD54852C9E68911CA8B66DD26690 A191648AB5D8DD004EF0, cn=MAMTA RANI Date: 2025.01.06 11:16:14 +05'30'