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Neutral Citation No. - 2025:AHC:82643 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 2969 of 2025 Petitioner :- Rakesh Kumar Respondent :- Sardar Swarn Singh Counsel for Petitioner :- Amit Kumar Verma,Awadhesh Kumar Chaudhari Counsel for Respondent :- Siddhartha Srivastava Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner and learned counsel for respondent. 2. The petitioner by means of the present petition under Article 227 of the Constitution of India has assailed the order dated 13.02.2025 passed by the Authority Rent Tribunal/Additional District Judge, Court No.2, Ghaziabad in Rent Control Appeal No.02 of 2023 (CNR No. UPGZO10001312023) (Rakesh Kumar Vs. Sardar Swarn Singh) as well as judgement dated 28.11.2022 passed by the Presiding Officer/Civil Judge (Senior Division), Ghaziabad in P.A. Case No.15 of 2014 (Sardar Swarn Singh Vs. Rakesh Kumar), under Section 21(1) (a) of U.P. Urban Building (Regulation of Letting, Rent and Eviction), Act, 1972. 3. After arguing the matter at length, learned counsel for the petitioner submits that his client is ready and willing to vacate the shop in question. However, he submits that some reasonable time may be given to the petitioner to vacate the shop in question, to which learned counsel for the respondent has no objection. 4. Considering the facts and circumstances of the case and with the consent of learned counsel for the respondent, the petitioner is granted fifteen months' time from today to vacate and handover the shop in question to respondent/landlord subject to filing of following undertakings by the petitioner/tenant before the court below within a period of one month from today:- (i). The tenant-petitioner shall handover the peaceful possession of the house in question to the respondent/landlord on or before
17.08.2026. (ii). The tenant-petitioner shall file undertaking before the court
below to the said effect within a period of four weeks from the date of receipt of certified copy of this order; (iii). The tenant-petitioner shall pay rent @ Rs.160/- per month by 7th day of every succeeding months and continue to deposit the same in the court below till 01.08.2026 or till the date he vacate the house in question whichever is earlier and the respondent/landlord is at liberty to withdraw the said amount; (iv). The tenant-petitioner shall also state in the undertaking that he shall not create any interest in favour of the third party in the house in question; (v).
Subject to filing of the said undertaking, the tenant-petitioner shall not be evicted from the shop in question till the aforesaid period; (vi). It is made clear that in case of default of any of the conditions mentioned above, the protection granted by this Court shall stand vacated automatically; (vii). In case the shop in question is not vacated as per the undertaking given by the tenant-petitioner, he shall also be liable for contempt. 5. The writ petition is disposed off. Order Date :- 17.5.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad