Neutral Citation No. - 2025:AHC:34387 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 2029 of 2025 Petitioner :- Hasrat Ullah And Another Respondent :- Smt. Ashrafun Nisha Counsel for Petitioner :- Anil Kumar,Wasim Alam Counsel for Respondent :- Ahmad Saeed,M. Asif,M.A. Haseen Hon'ble Ajit Kumar,J. 1. Heard Sri Wasim Alam, learned counsel for the petitioner. 2. By means of this petition filed under Article 227 of the Constitution, petitioners have questioned the judgment and decree dated 09.01.2025 passed by the Trial Judge in Rent Control Appeal No.202 of 2023 directing for their eviction from the tenanted premises. 3. After some argument, learned counsel for the petitioners submits that petitioners intend to vacate the premises in question provided some reasonable time is afforded to search for an alternative accommodation to shift the house and remove the articles and positively in a period of 10 months, the tenant would vacate the premises in question. He claims that petitioners are paying the rent of Rs.25 per month in respect of a shop in the city of Meerut. 4. Learned counsel for the respondents does not have any objection to the time being granted but submits that only a meager amount of Rs.25/- per month is being paid whereas rent of the accommodation would be not less than Rs.5000/- per month. 5. Considering the facts and circumstances of the case, since petitioners themselves intend 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) Petitioners shall be submitting an affidavit of undertaking within a period of two weeks from today to the effect that he would be vacating the shop in question in any circumstances within 10 months and in any circumstances by 21.01.2026. (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.5000/- per month as damages towards use and occupation of tenanted premises in question on 7th day of every calendar month beginning from March, 2024. The rent for the month of March shall be deposited on or before 25.03.2025. 6. In the event both the above directions are complied with, the petitioners shall not be evicted from the premises in question pursuant to the impugned order dated 09.01.2025 passed in S.C.C. Executing Case No.55 of 2022 until 21.01.2026. 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, 2024, the interim protection granted herein above, shall seize to operate and petitioners 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 :- 10.3.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad