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2025 DAILYLAW 144716 (ALL)

SMT. DURGESH NANDINI @ DURGESH SINGH v. SMT. AZRA RASHEED AND ANOTHER

SCCR/49/2016 · 2025-04-30

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24873 Court No. - 6 Case :- S.C.C. REVISION No. - 49 of 2016 Revisionist :- Smt. Durgesh Nandini @ Durgesh Singh Opposite Party :- Smt. Azra Rasheed And Another Counsel for Revisionist :- Santosh Kumar Mehrotra,Ishwar Dutt Shukla Counsel for Opposite Party :- Rajendra Pratap Singh Hon'ble Pankaj Bhatia,J. 1. Present revision has been filed challenging the order dated 09.03.2016 whereby the suit filed by the landlord was decreed observing that a vacancy had accrued. 2. Submission of learned counsel for the revision is that although no arrears were found in payment of the rent, however, the suit was decreed observing that a vacancy has arisen. 3. Considering the finding of fact wherein it is recorded that the property in question was given to a sub-tenant which is barred by virtue of Section 20 of U.P. Act No.13 of 1972, no interference is called for. 4. At this stage, learned counsel for the revisionist seeks some time to vacate the premises. 5. In view of the said submission, revisionist is granted one year time to vacate the premises i.e. up to 30.04.2026 subject to the revisionist filing an undertaking before the JSC Court within a period one month from today that she will handover the vacant and physical possession of the property in question to the landlord and to no one else. 6. Any arrears of rent shall also be paid within a period of one month from today. 7. In the event of failure in filing of the undertaking, the decree shall be executed within the time as directed by the Supreme Court in the case of Civil Appeal Nos.3640-3642 of 2025 (Periyammal (Dead) Through Lrs. and Ors. vs. V. Rajamani and Anr. ETC.) dated 06.03.2025. Order Date :- 30.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench