Neutral Citation No. - 2025:AHC:28104 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 1871 of 2025 Petitioner :- Smt. Geeta Shrivastava Respondent :- Dr. Kailash Chandra Singhal Counsel for Petitioner :- Pankaj Agarwal Counsel for Respondent :- Mohammad Sadab Khan Hon'ble Ajit Kumar,J. 1. Heard Sri Pankaj Agarwal, learned counsel for the petitioner and Sri Mohammad Sadab Khan, learned counsel for the respondent. 2. By means of this petition filed under Article 227 of the Constitution, petitioner has questioned the order dated 24.07.2023 passed by the Trial Judge in Rent Case No. 174 of 2019 (Old), Case No. 211 of 2022 (New) directing for eviction of the tenant/ petitioner from the tenanted premises with a further liability to pay arrears of rent and damages as well as the order dated 22.01.2025 passed by Additional District Judge, Court No. 9, Kanpur Nagar in Misc. Civil Appeal No. 77 of 2023 affirming the order passed by the trial judge. 3. After some argument, learned counsel for the petitioner submits that petitioner intends to vacate the premises in question provided some reasonable time is afforded to search for an alternative accommodation and positively in a period of 10 months, the tenant would vacate the premises in question. He claims that petitioner is paying the rent of Rs. 155/- per month in respect of premises in question in the city of Kanpur Nagar. 4. Learned counsel for the respondent does not have any objection to the time being granted but submits that only a meager amount of Rs. 155/- per month is being paid as rent of the premises in question where the rent would be not less than Rs. 2,000/- per month. 5. Considering the facts and circumstances of the case, since petitioner himself intends to vacate the premises in question in favour of the landlord, I find it appropriate to dispose of this petition with the following directions: (i) Petitioner shall be submitting an affidavit of undertaking within a period of two weeks from today to the effect that he would be vacating the premises in question in any circumstances within 10 months and in any circumstances by 31.12.2025. (ii) Petitioner would be clearing all the arrears of rent, if any, at the rate at which he was paying within a period of one month from today, however, whatever amount already deposited shall be adjusted against the arrears, and he shall continue to pay Rs. 2,000/- per month as damages towards use and occupation of tenanted premises in question on 7th day of every calendar month beginning from March, 2025. 6. In the event both the above directions are complied with, the petitioner shall not be evicted from the shop in question pursuant to the impugned order dated 24.07.2023 passed by the Trial Judge in Rent Case No. 174 of 2019 (Old), Case No. 211 of 2022 (New) affirmed vide order dated 22.01.2025 passed by Additional District Judge, Court No. 9, Kanpur Nagar in Misc. Civil Appeal No. 77 of 2023 until 31.12.2025. 7. However, it is clarified that in the event of default in either paying the arrears of rent as directed herein above or in the payment of monthly damages which is to be paid on every 7th day of calendar month beginning from March, 2025, the interim protection granted herein above, shall cease to operate and petitioner shall be liable to be evicted from the property in question pursuant to the order impugned here in this petition. 8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 28.2.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad