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2025 DAILYLAW 15467 (UTT)

AJAY KUMAR AGARWAL v. SUSHIL KUMAR

CLR/27/2017 · 2025-11-20

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10350 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CLR/27/2017 Hon’ble Manoj Kumar Tiwari, J. Mr. Aditya Singh, Advocate for the revisionists. 2. Mr. V.K. Kapurwan, Advocate for the respondent. 3. This is tenants’ revision under Section 25 of the Provincial Small Cause Courts Act against judgment and order dated 3.4.2017 passed by learned Second Additional District Judge, Roorkee, District Haridwar in SCC Suit No. 3 of 2015. By the impugned judgment, a decree of eviction was passed against revisionists and they were also directed to pay the arrears of rent. 4. After arguing for a while, learned counsel for the revisionists submits that since the property in question is a commercial property (shop), in which revisionists are running business since last more than 32 years, therefore, it is not possible for them to vacate the shop immediately, even though revisionists wants to do so. He submits that revisionists be given some reasonable time to vacate the shop, 5. Mr. V.K. Kapurwan, learned counsel for the respondent submits that he has no objection if some reasonable time is given to the revisionists for vacating the shop, provided revisionists give an undertaking in the form of an affidavit that they will vacate the shop within one 2025:UHC:10350 year from today. 6. In view of consensus between the parties, civil revision is disposed of with the following directions: (i) Revisionists shall file an undertaking in the shape of affidavit before the Trial Court within two weeks from today that they will vacate the shop on or before 25.11.2026. In the affidavit, they shall also give an undertaking that they will clear of all the arrears of rent within a month. The revisionists shall pay agreed rent to the landlord, regularly, from month to month, before the 7th day of each succeeding month. (ii) Revisionists shall not make any structural changes in the property (shop) in question, without prior permission of the landlord, nor will they sublet the property to any other person and immediately upon expiry of the time stipulated in this order, they will hand over the peaceful vacant passion of the shop to the landlord. (iii) In the event of breach of any of the aforesaid conditions by revisionists, then they shall be liable to be evicted forthwith from the shop in question and they shall not be entitled to protection of this order. (Manoj Kumar Tiwari, J.) 20.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87 5643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.21 09:51:29 +05'30'