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2025 DAILYLAW 113762 (ALL)

BHOLA NATH BAJPAI v. GAGAN GURNANI

SCCR/84/2015 · 2025-04-30

Pankaj Bhatia

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24940 Court No. - 6 Case :- S.C.C. REVISION No. - 84 of 2015 Revisionist :- Bhola Nath Bajpai Opposite Party :- Gagan Gurnani Counsel for Revisionist :- Prashansa Singh,Anand Prakash Awasthi,Prabhat Kumar,Rajesh Kumar Kashyap Counsel for Opposite Party :- Kunwar Ravi Prakash,Umesh Kumar Tiwari Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties. 2. The present revision has been filed challenging the judgement and order dated 15.05.2015, whereby the SCC suit filed by the land lord was decreed. 3. The Court while decreeing the suit had recorded the submissions of the parties and had framed as many as four points of determination. While deciding the issue No.1, it was recorded that the default has been committed by the petitioner- tenant. All the other issues were also decided after considering the evidence. 4. In view of the findings of fact recorded and there being no specific pleading that the finding of fact recorded is perverse, no interference is called for. 5. Accordingly, the revision is dismissed. 6. At this stage, learned counsel for the revisionist seeks some time to vacate the premises. Learned counsel for the opposite party leaves it open to the Court to grant time as may be deemed appropriate. 7. In view thereof, the revisionist is granted time to vacate the premises on or before 30th October, 2025. Subject to the petitioner executing an undertaking within three weeks from today before the SCC Court that the petitioner shall vacate the premises and shall hand over the vacant and peaceful possession to the land lord and no one else. Any arrears of rent shall also be deposited within a period of one month from today. 8. In the event of failure to file the undertaking as directed above before the SCC Court, the respondent would be at liberty to execute the decree forthwith, which shall be decided as per the judgement of the Supreme Court in Civil Appeal Nos.3640- 3642 of 2025 (Periyammal (Dead) Through Lrs. and Ors. Vs. Rajamani and Anr. ETC.) dated 06.03.2025. Order Date :- 30.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench