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2025 DAILYLAW 1951 (UTT)

SURESH CHAND v. SATENDRA NATH GOYAL

WPMS/251/2025 · 2025-02-13

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:857 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 251 of 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Nikhil Singhal, Advocate for the petitioner. 2. Mr. Anshu Kumar (through video conferencing), Advocate for the respondent. 3. Petitioner is tenant in respect of a shop situate at Civil Lines, Roorkee, District Hardiwar. The landlord (respondent herein) filed an application seeking release of the shop under Section 21 (1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The said application was allowed by Prescribed Authority, vide judgment dated 29.04.2023. Petitioner challenged the release order passed by Prescribed Authority in Appeal under Section 22 of the aforesaid Act. His Appeal has been dismissed by learned Second Additional District Judge, Haridwar, vide judgment dated 08.01.2025. Thus, feeling aggrieved by these two judgments, petitioner has approached this Court. 4. Learned counsel for petitioner, on instructions submits that petitioner is a poor man, who earns his livelihood by running a barber shop in the shop in question, and all he needs is two years time for vacating the shop so that he may find some alternate shop in the meantime. 5. Mr. Anshu Kumar, learned counsel appearing for the respondent, on instructions, fairly submits that he has no objection if some reasonable time is given to the petitioner for vacating the shop. 2025:UHC:857 6. In view of consensus between the parties, the writ petition is disposed of with the following directions: (i) Petitioner shall file an undertaking in the shape of affidavit before the Prescribed Authority that he will vacate the premises in question on or before 31.01.2027. Such affidavit shall be filed by him, positively within three weeks from today. (ii) Petitioner shall pay ₹1000/- per month, excluding all charges, taxes etc. for use and occupation of the shop w.e.f. 01.02.2025 till 31.01.2027, on or before 7th day of each succeeding month. (iii) Petitioner shall not sublet the property to anyone else, nor make any structural changes in the building in question, without written permission of the landlord. (iv) In the event of breach of any of the aforesaid conditions by petitioner, then he shall be liable to be evicted forthwith from the premises in question and he will not be entitled to protection of this order. (Manoj Kumar Tiwari, J.) 13.02.2025 Navin