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2025 DAILYLAW 40131 (ALL)

GANESH CHAND v. SMT. PHOOL RANI AND 2 OTHERS

WRIA/4705/2025 · 2025-05-20

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85559 Court No. - 2 Case :- WRIT - A No. - 4705 of 2025 Petitioner :- Ganesh Chand Respondent :- Smt. Phool Rani And 2 Others Counsel for Petitioner :- Ramendra Asthana Counsel for Respondent :- Mata Pher Hon'ble Saral Srivastava,J. 1. Heard Sri Ramendra Asthana, learned counsel for the petitioner and Sri Mata Pher Tiwari, learned counsel for respondents. 2. The petitioner by means of the present petition has prayed for following relief: "(a) Call for record and issue a writ, order or direction in the nature of certiorari quashing the judgment and order dated 10.12.2024 (contained in Annexure No.VI to the writ petition) passed by the learned Additional District Judge, Court No.17, Agra the respondent no.1 dismissing RCMA No.15/2015, Pooran Chand (Now Dead through LRs) 1/1. Smt Sarbati Devi and others Vs. Smt. Phool Rani) and 27.04.2015 (contained in Annexure No.IV to the writ petition) passed by the learned Prescribed Authority/Additional Civil Judge (Senior Division) Court No.6, Agra-Respondent No.2." 3. After arguing the matter at length, learned counsel for the petitioner submits that his client is ready and willing to vacate the house in question. However, he submits that some reasonable time may be given to the petitioner to vacate the house 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 one year time from today to vacate and handover the house 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 house in question to the respondent/landlord on or before 20.05.2026. (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 the rent which is being paid, by 7th day of every succeeding months and continue to deposit the same in the court below till 20.05.2026 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 house 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 house 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 :- 21.5.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad