Neutral Citation No. - 2025:AHC:32023 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 2232 of 2025 Petitioner :- Kareem Respondent :- Ramchandra Counsel for Petitioner :- Ghan Shyam Hon'ble Ajit Kumar,J. 1. Heard Sri Satendra Kumar Mishra, learned Advocate holding brief of Sri Ghan Shyam, learned counsel for the petitioner. 2. By means of this petition filed under Article 227 of the Constitution, petitioner has questioned the order dated 31.07.2018 passed by the Trial Judge in Case No. 11 of 1994 directing for eviction of the tenant/ petitioner from the tenanted shop with a further liability to pay arrears of rent and damages as well as the order dated 24.10.2024 passed by the court sitting in revision no. 05 of 2018 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 to shift the shop and remove the articles and positively in a period of 12 months, the tenant would vacate the premises in question. He claims that petitioners are paying the rent of Rs. 75/- per month in respect of a shop in the city of Auraiya. 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. 75/- per month is being paid as rent of the shop in question where the commercial place where the shop is situated 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 shop 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 shop in question in any circumstances within 12 months and in any circumstances by 05.03.2026. (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. 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 order dated 31.07.2018 passed by the Trial Judge in Case No. 11 of 1994 affirmed vide order dated 24.10.2024 passed in revision no. 05 of 2018 until 05.03.2026. 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, 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 :- 6.3.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad