Extracted from the PDF above. The PDF is authoritative.
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HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Revision No. 138 of 2023
Praveen Sachdeva ..…..Revisionist Versus
Vikkal Rathi …….Respondent
Presence:- Mr. Sudhir Kumar, learned counsel for the revisionist. Mr. Nikhil Singhal, learned counsel for the respondent.
Dated: 13.02.2025 Hon'ble Vivek Bharti Sharma, J.
Present civil revision is filed by the revisionist/tenant against the judgment and order dated 07.08.2023/08.08.2023 passed by Judge, Small Causes Court/Additional District Judge-V, Haridwar, District Haridwar, whereby the revisionist/tenant has been directed to handover the possession of the disputed property to the respondents/landlord and further
directed the revisionist/tenant to pay the outstanding rent to the respondent/landlord.
2.
Counsel for the respondent/landlord would submit that the revisionist is a tenant in the premises in dispute; that, the respondent/landlord filed a suit against the revisionist/tenant for eviction and recovery of arrears of rent and damages before the
2025:UHC:864 2 Judge, Small Causes Court, Haridwar; that, the said Court vide judgment and order dated 07.08.2023
decreed the suit against the revisionist/tenant; that, the revisionist/tenant has not yet vacated the premises 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 one year time may be granted to revisionist/tenant for the said purposes.
4.
Per contra, counsel appearing for respondent/landlord would submit that six months would be sufficient and reasonable for the said purposes. He would further submit that the time of six 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 six months and is also ready to pay the damages and the rent as directed by the trial court.
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6.
On the consent of the both the counsel for the parties, the revisionist/tenant is given six 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 01.10.2025. (ii) Revisionist/tenant shall pay the decretal amount and damages along with arrears, if any, as directed by the Small Causes Court within 15 days 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) If revisionist/tenant fails to handover actual vacant physical possession to landlord on or before 01.10.2025, 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.)
13.02.2025 Mamta
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