Neutral Citation No. - 2025:AHC-LKO:27154 Court No. - 6 Case :- WRIT - A No. - 1000152 of 2011 Petitioner :- Rajendra Respondent :- District Judge Unnao And Ors. Counsel for Petitioner :- Govind Saran Nigam,Abhisht Saran Counsel for Respondent :- Manish Kumar,Alok Srivastava,Anoop Srivastava,Ravi Nath Tilhari Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, Sri Jai Shukla, Advocate holding brief of Sri Anoop Srivastava, learned counsel for the respondent and perused the material available on record. 2. The present petition has been filed by the petitioner challenging the judgment and order dated 03.09.2011 whereby the revision preferred by the petitioner against an order dated 12.05.2010 was dismissed. 3. The facts as emerge from the record that the father of the petitioner was a tenant inducted by virtue of an agreement in the year 1980 without there being any allotment order in his favour. Subsequently, on account of default, a notice was served and a suit was filed being Suit No. 10 of 2002. The said suit came be decreed holding that the petitioner was in arrears of rent. The said decision was challenged by filing a revision under Section 25. The revisional Court recorded findings of fact that the petitioner had defaulted in payment of rent even after he was permitted to do so, as is evident from the revisional order. The order also records that earlier an exparte order was passed, subsequently the same was recalled, however, the mandatory provisions of Section 17 do not appear to have been complied with. 4. After arguing these points with regard to improper service of notice and there being no default, the counsel for the petitioner confined his argument to the effect that he may be granted sometime to vacate the premises in question. 5. The counsel for the respondent opposes the said prayer, however considering the fact that the petitioner is in occupation of the shop in question since the year 1982, the petitioner is permitted to continue in the shop in question till 30.06.2026 subject to the petitioner filing an undertaking in the form of an affidavit before the Executing Court that he shall vacate the shop in question on or before 30.06.2026 and shall handover the physical and vacant possession to the respondent landlord and to no one else. In case the undertaking is not filed within the time granted, the respondent would be at liberty to execute the decree which shall be done within a period of four months of it being filed. Any arrears of rent due shall also be paid by the petitioner within a period of one month from today. 6. The writ petition is disposed of in terms of the above. Order Date :- 8.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench