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Neutral Citation No. - 2025:AHC:86895 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 4111 of 2025 Petitioner :- Ajay Kumar Gupta Respondent :- Ravinder Kumar Vaishya Counsel for Petitioner :- Arpit Agarwal,Rahul Saxena,Sunita Chauhan Counsel for Respondent :- Premnendra Singh Hon'ble Saral Srivastava,J.
1. Heard Sri April Agarwal, learned counsel for the petitioner and Sri Premnendra Singh, learned counsel for the respondent. 2. The petitioner by means of the present petition under Article 227 of the Constitution of India has assailed the order dated 18.01.2025 passed by the Additional District Magistrate (F & R), Fatehgarh, District Farrukhabad (Rent Authority) in Case No.257 of 2024 (Computerized Case No.D20240000257) (Ravinder Kumar Vaishva Vs. Ajay Kumar Gupta) and judgement and order dated 11.03.2025 passed by the learned Additional District Judge, Court No.7, Farrukhabad in Rent Appeal No.6 of 2025 (Ajay Kumar Gupta Vs. Ravinder Kumar Vaishya). 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 house in question, to which learned counsel for the respondent has no objection. 4. Considering the facts and circumstances of the case and with the consent of learned counsel for the respondent, the petitioner is granted fifteen months' time from today to vacate and handover the shop in question to respondent/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 dispute to the respondent/landlord on or before
21.08.2026. (ii). The tenant/petitioner shall file undertaking before the Court below to the said effect within four weeks from the date of receipt
of certified copy of this order; (iii). The tenant/petitioner shall pay rent @ Rs.1830/- per month by 7th day of every succeeding months and continue to deposit the same in the Court below till 21.08.2026 or till the date he vacates the shop in dispute, 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 dispute and shall pay the damages and amount due within the aforesaid period; (v). Subject to filing of the said undertaking, the tenant/petitioner shall not be evicted from the shop in dispute 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 dispute 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 :- 22.5.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad