Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62741 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3788 of 2025 Petitioner :- Ashok Goel Respondent :- Punit Mohan Garg Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- Rahul Pandey Hon'ble Neeraj Tiwari,J.
1. Heard Sri Anil Kumar Mishra, learned counsel for the petitioner and Sri Alok Kumar Gupta along with Sri Rahul Pandey, learned counsel for the respondent.
2. Present petition has been filed challenging the judgment and
order dated 26.03.2025 passed by the Authority, Rent Tribunal/Additional District Judge, Court No. 2, Ghaziabad in Rent Control appeal No. 49 of 2024 and order dated 12.04.2024 passed by the Rent Authority/Additional District Magistrate(City), Ghaziabad in Case No. 581 of 2023.
3. After detail argument, when the Court inclined to dismiss the petition with heavy cost, Anil Kumar Mishra, learned counsel for the petitioner submitted that he does not want to contest this petition on merits, but considering this fact that petitioner is tenant of the shop in question since long, he may be granted some time to vacate the same.
4. Learned counsel for the respondent has no objection to the submission raised by the learned counsel for the petitioner subject to deposit of rent month to month till the vacation of shop in question. He further submitted that petitioner may be directed to submit affidavit to deposit the entire decretal amount and also about the vacation of shop in question.
5. I have considered the rival submissions raised by learned counsel for the parties and perused the record.
6. Considering the fact that petitioner is tenant of the shop in question since long, he is granted three months time to vacate the same from today with following condition; (i) Petitioner is directed to file affidavit within two weeks from
today before Rent Authority/Additional District Magistrate(City), Ghaziabad to vacate the shop in question within the time given by the Court; (ii) Petitioner is directed to deposit decretal amount within four weeks from today before learned Rent Authority/Additional District Magistrate(City), Ghaziabad. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioner is also directed to pay rent of shop in question per month on month to month basis on or before 7th day of every month till the vacation of shop in terms of first two conditions; (iv) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lost the effect and plaintiff- respondent is at liberty to proceed against the defendant-petitioner in accordance with law.
7. With the aforesaid observations, petition is disposed of.
Order Date :- 24.4.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad