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2025 DAILYLAW 150656 (ALL)

SMT. SAEHBA HISAM SIDDIQUI AND ANOTHER v. MOHD. JAVED BARKI THRU ATTORNEY SMT. BATUL

SCCR/4/2019 · 2025-07-11

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39822 Court No. - 7 Case :- S.C.C. REVISION No. - 4 of 2019 Revisionist :- Smt. Saehba Hisam Siddiqui And Another Opposite Party :- Mohd. Javed Barki Thru Attorney Smt. Batul Counsel for Revisionist :- Zafar Yab Jilani,Najam Zafar,Rafat Farooqui Counsel for Opposite Party :- Madhur Kant Srivastava,Abdul Alim Khan,Akhilesh Kumar Mishra,Arvind Kumar Jauhari,Madhur Kant Srivastva,Mangal Prasad Mishra Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the revisionist and Sri R. A. Khan who appears for the respondents. 2. The present revision has been filed by the revisionist challenging the judgment dated 05.10.2018 whereby a decree of eviction as well as mesne profit was passed. 3. The counsel for the respondents states that the property has already been vacated on 08.05.2024 and states that she confines her argument only to the part of the order, whereby damages of Rs.7500/- per month have been awarded. 4. The Trial Court while awarding the damages @7500/- per month, recorded the admission of the revisionist, however, the counsel for the revisionist states that without ascertaining the factual things and without considering the evidence to quantify the damages, the amount has been awarded, she however states that she is ready and willing to pay the damages from 01.11.2014 up to 08.05.2024, the date on which the premises was vacated @ Rs.5500/- per month and she has offered the cheques to the counsel for the respondents also. 5. Finding the said order to be bereft of any evidence for assessing the damages, the revision is partly allowed. 6. The damages as awarded in the order are modified. The revisionist would be liable to pay damages w.e.f. 01.11.2014 up to 08.05.2024 @Rs.5500/- per month. The cheques have been handed over across the bar with an assurance that the same shall be honoured when presented to the Bank. In case the cheques are not honoured, the revisionist would be liable for contempt of this court. 7. Any shortfall in the amount already paid shall be payable by the revisionist, however, in case any proof is submitted with regard to payment of the said amounts for the period 01.11.2014 up to 2017 as submitted by the counsel for the revisionist, the same shall be furnished to the respondents. 8. In case the amounts as stated have not been paid, the respondents shall be at liberty to recover the same in accordance with law. Order Date :- 11.7.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench