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2025 DAILYLAW 38119 (ALL)

CHANDER BATRA v. MUKESH BHARTI AND 3 OTHERS

A227/3646/2025 · 2025-05-20

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86064 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3646 of 2025 Petitioner :- Chander Batra Respondent :- Mukesh Bharti And 3 Others Counsel for Petitioner :- Archana Singh,Rakesh Pande (Senior Adv.),Vishakha Pande Counsel for Respondent :- Surya Prakash Pandey Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner and learned counsel for respondents. 2. The petitioner by means of the present petition under Article 227 of the Constitution of India has assailed the order dated 16.02.2024 passed by the Judge Small Causes Court Ghaziabad in S.C.C. Suit No.3 of 2013 as well as order dated 21.02.2025 passed by the Additional District & Sessions Judge, Court No.16, Ghaziabad in Civil Revision No.14 of 2024. 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 respondents has no objection. 4. Considering the facts and circumstances of the case and with the consent of learned counsel for the respondents, the petitioner is granted eighteen months time from today to vacate and handover the shop in question to respondents/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 shop in question to the respondent/landlord on or before 20.11.2026. (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.1,000/- per month by 7th day of every succeeding months and continue to deposit the same in the court below till 20.11.2026 or till the date he vacate the shop 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 shop 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 petition under Article 227 of the Constitution of India is disposed off. Order Date :- 21.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad