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2025 DAILYLAW 11613 (UTT)

NARENDRA KUMAR SAHNI v. MADHU KAPOOR

CLR/98/2025 · 2025-10-08

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:8872 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CLR/98/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Sudhir Kumar, learned counsel for the revisionist. 2. Mr. Ketan Joshi, 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 29.08.2025, passed by Judge, Small Causes Court/ Addl. District Judge-1st, Nainital in SCC Suit No. 4 of 2020, whereby, the suit preferred by the plaintiff/respondent has been decreed. 4. Mr. Sudhir Kumar, learned counsel for the revisionist, on instructions, submits that the revisionist is ready to vacate the shop in question for which some reasonable time may be given. He also submits that the revisionist also agree to pay monthly rent of Rs. 3,000/- and will not sub-let the property in question and handover the peaceful possession to the respondent. 5. On the other side, Mr. Ketan Joshi, learned counsel for the respondent have no objection on this. 6. In such view of the matter, this court is of the view that since the revisionist is ready to vacate the shop in question, therefore, the reasonable time of 15 months may be given to vacate the same, subject to this condition that the revisionist shall pay the monthly rent of Rs. 3000/- regularly without any break and will not sublet the shop and will not cause any damages and give peaceful possession on or before 31.12.2026. 7. Mr. Sudhir Kumar, learned counsel for the revisionist also submits that with regard to the arrear of rent two drafts 2025:UHC:8872 were handed over to the respondent but it is not clear whether the amount has been encashed or not. If, it is so, the respondent shall return back the drafts to the revisionist and thereafter the revisionist shall pay entire arrear of rent immediately. 8. Accordingly, the instant revision is disposed of finally with the direction to the revisionist to vacate the shop in question on or before 31.12.2026 from today and will pay monthly rent of Rs. 3000/- regularly without any break subject to further condition that he will not sublet the shop in question and give peaceful possession on expiry of the aforesaid period. The revisionist shall also file an undertaking as aforesaid within 15 days from today before the SCC Court. 9. Pending application, if any, also stands disposed of. (Rakesh Thapliyal, J.) 08.10.2025 Parul 2025:UHC:8872