Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42339 Court No. - 7 Case :- S.C.C. REVISION No. - 17 of 2023 Revisionist :- Zafar Alam Usmani Opposite Party :- Mohammad Suhail Counsel for Revisionist :- Shyam Mohan Pradhan Counsel for Opposite Party :- Deep Kamal Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the revisionist.
2. The present revision has been filed challenging a judgment and order dated 04.08.2023 whereby, a decree for rent and ejectment was passed against the revisionist.
3. The facts in brief are that the landlord-respondent initiated a proceeding mainly on the ground that the rent was not paid. After exchange of pleadings as many as 5 issues were framed in between the parties. Issue no.3 pertains to the fact as to whether the rent was deposited or not.
4. While dealing with the said issue, the JSC Court referred to the statement of the revisionist wherein the revisionist himself has stated that there was an oral agreement in between the parties for increase of rent, which admittedly was not paid. In view of the said, the JSC Court decreed the suit. In revision, there is no material to suggest or prove that the said statement was not given by the revisionist.
5. In view of there being admission of the revisionist that the rent was enhanced after an agreement and the same has not been paid, no interference is warranted in the finding recorded by the JSC Court.
6. In view of above, the revision is dismissed.
7. The Counsel for the revisionist seeks reasonable time to vacate the premises.
8. The revisionist is granted six months time to vacate the premises subject to the revisionist executing an undertaking in the form of an affidavit that he shall vacate the premises on or before 30.12.2025 and handover the actual and physical possession to the landlord.
9. In case, the undertaking is not filed within two weeks from today, the executing court shall execute the decree forthwith.
10. Senior Registrar of this Court is directed to communicate this order to the court concerned for its compliance. Order Date :- 23.7.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench