Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63412 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 4105 of 2025 Petitioner :- Hakim Atiq Ahmad Respondent :- Aamir Atiq Counsel for Petitioner :- Sumit Daga Counsel for Respondent :- Anwar Hussain Hon'ble Neeraj Tiwari,J.
1. Heard Sri Sumit Daga, learned counsel for the petitioner and Sri Anwar Hussain, learned counsel for the respondent.
2. Present petition has been filed challenging the judgment and
order dated 24.07.2019 passed by the Prescribed Authority, Moradabad in P.A. Case No. 26 of 2016 and order dated 18.03.2025 passed by the learned Additional District and Session Judge, Court No. 8, Moradabad in Rent Control Appeal No. 10 of
2019.
3. After detail argument, when the Court inclined to dismiss the petition with heavy cost, Sr Sumit Daga, 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 one and a half year 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 one and a half year time to vacate the same from today with following condition; (i) Petitioner is directed to file affidavit within two weeks from today before Prescribed Authority, Moradabad 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 Prescribed Authority, Moradabad. 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 respondent is at liberty to proceed against the petitioner in accordance with law.
7. With the aforesaid observations, petition is disposed of.
Order Date :- 25.4.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad