Neutral Citation No. - 2025:AHC:23586 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 981 of 2025 Petitioner :- Hari Shankar Swami Respondent :- Govind Sharan Agrawal (Died) And 2 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- Ajai Mani Tiwari, Surendra Tiwari Hon'ble Ajit Kumar,J. 1. Heard Sri Sunil Kumar Singh, learned counsel for the petitioner and Sri Surendra Tiwari along with Sri Ajai Mani Tiwari, learned counsel for the respondents. 2. By means of this petition filed under Article 227 of the Constitution, petitioner has questioned the order dated 17.02.2012 passed by the Trial Judge in P.A. Case No. 27 of 2010 directing for eviction of the tenant/ petitioner from the tenanted premises with a further liability to pay arrears of rent and damages as well as the order dated 01.10.2024 passed by Additional District Judge, Court No. 3, Mathura in P.A. Appeal No. 05 of 2021 affirming the order passed by the trial judge. 3. After some argument, learned counsel for the petitioner submits that petitioner intends to vacate the premises in question provided some reasonable time is afforded to search for an alternative accommodation and positively in a period of 10 months, the tenant would vacate the premises in question. He claims that petitioner is paying the rent of Rs. 3.75 per month in respect of demised property in the city of Mathura. 4. Learned counsel for the respondents does not have any objection to the time being granted but submits that only a meager amount of Rs. 3.75 per month is being paid as rent of the premises in question where the demised property is situated the rent would be not less than Rs. 2,000/- per month. 5. Considering the facts and circumstances of the case, since petitioner himself intends to vacate the premises in question in favour of the landlord, I find it appropriate to dispose of this petition with the following directions: (i) Petitioner shall be submitting an affidavit of undertaking within a period of three weeks from today to the effect that he would be vacating the premises in question in any circumstances within 10 months and in any circumstances by 19.12.2025. 6. In the event above direction is complied with, the petitioner shall not be evicted from the premises in question pursuant to the impugned order dated 17.02.2012 passed by the Trial Judge in P.A. Case No. 27 of 2010 affirmed vide order dated 01.10.2024 passed by Additional District Judge, Court No. 3, Mathura in P.A. Appeal No. 05 of 2021 passed by the trial judge. 7. However, it is clarified that in the event of default in paying the monthly damages which is to be paid on every 7th day of calendar month beginning from March, 2025, the interim protection granted herein above, shall cease to operate and petitioner shall be liable to be evicted from the property in question pursuant to the order impugned here in this petition. 8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 19.2.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad