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2025 DAILYLAW 45939 (ALL)

DILSHAD AND 4 OTHERS v. AFSAR HASAN BEG AND 5 OTHERS

A227/4027/2025 · 2025-05-05

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72236 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 4027 of 2025 Petitioner :- Dilshad And 4 Others Respondent :- Afsar Hasan Beg And 5 Others Counsel for Petitioner :- Manish Mishra,Surendra Prasad Mishra Counsel for Respondent :- Rajneesh Kumar Sharma Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner-defendant and Sri Rajneesh Kumar Sharma, learned counsel for the respondent- plaintiff. 2. Present petition has been filed challenging the judgment and order dated 16.02.2021 passed by the Prescribed Authority/Civil Judge(S.D.), Amroha in SCC Suit No. 03 of 2015 as well as the judgement and order dated 01.03.2025 passed by the Additional District Judge/Special Judge(POCSO Act), Court No. 2, Amroha in Rent Control Appeal No. 12 of 2021. 3. After detail argument, when the Court inclined to dismiss the petition with heavy cost, Sri Surendra Prasad Mishra, learned counsel for the petitioner-defendant submitted that he does not want to contest this petition on merits, but considering this fact that petitioner-defendant is tenant of the shop in question since long, he may be granted one year time to vacate the same. 4. Sri Rajneesh Kumar Sharma, learned counsel for the respondent-plaintiff has no objection to the submission raised by the learned counsel for the petitioner-defendant subject to deposit of rent till the vacation of shop in question. He further submitted that petitioner-defendant 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-defendant is tenant of the shop in question since, long, he is granted one year time to vacate the same from today with following condition; (i) Petitioner-defendant is directed to file affidavit within two weeks from today before Prescribed Authority/Civil Judge(S.D.), Amroha to vacate the shop in question within the time given by the Court; (ii) Petitioner-defendant is directed to deposit decretal amount within four weeks from today before Prescribed Authority/Civil Judge(S.D.), Amroha. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioner-defendant is also directed to pay the 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- plaintiff is at liberty to proceed against the defendant-petitioner in accordance with law. 7. With the aforesaid observation, petition is disposed of. Order Date :- 6.5.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad