Neutral Citation No. - 2025:AHC:19436 Court No. - 4 Case :- S.C.C. REVISION No. - 161 of 2022 Revisionist :- Sudama Kumar Opposite Party :- Ramadhar Counsel for Revisionist :- Brijesh Chandra Naik Counsel for Opposite Party :- Ajay Kumar Singh,Ashish Kumar Singh,Tejas Singh Hon'ble Ajit Kumar,J. 1. Heard Shri Brijesh Chandra Naik, learned Advocate appearing for petitioner and Shri Ashish Kumar Singh, learned Advocate appearing for respondent. 2. By means of this petition filed under Article 226 of the Constitution, tenant petitioner has prayed for setting aside the judgment and order dated 29.09.2022 passed by Additional District and Sessions Judge, Court No. 9, Varanasi in SCC Suit No. 10 of 2013. 3. After some arguments, learned counsel appearing for petitioner submitted that petitioner may be afforded some reasonable time to vacate the shop in question as the petitioner intends to vacate the shop provided some reasonable time is afforded. 4. Shri Ashish Kumar Singh, learned Advocate does not have any objection provided, of course, time is provided with such conditions that premises in question gets vacated by the due date. 5. Having heard learned counsel for respective parties and having perused the records, in the given facts and circumstances, I with the consent of learned counsel for the respective parties consider it appropriate to afford a period of one year to the petitioner to vacate the premises in question. Accordingly the petition is disposed of with the following directions: (i) In the first instance petitioner will be filing an affidavit of undertaking before the prescribed authority, within four weeks from today that he will vacate the shop in question within a maximum period of one year and in any case by 10.02.2026. (ii) Since the court below had returned a finding to the effect that rent would be at the rate of Rs. 22,500, adjustment of the advance deposited by petitioner as well as Rs. 35,000/- per month paid till date, would be made towards rent of the building as Rs. 22,500/, however, hence onwards i.e. from March 2025 till February, 2026, petitioner would be liable to pay rent and damages for use and occupation of the premises in question at the rate of Rs. 35,000/- on every seventh day of the month beginning from the month of March, 2025. 6. In the event petitioner furnishes an affidavit of undertaking before the executing court as directed above, the executing court shall pass order adjusting the amount and if any surplus amount stands, it will be reflected and accordingly future deposit shall also be adjusted and accordingly be directed to be made and so also if shortfall is reflected, accordingly future deposit shall be made to make up the shortfall. It is made clear that monthly rent will be taken as Rs. 22,500/- till February, 2025. 7. Thus, if petitioner furnishes undertaking and complies with the order of Court as contemplated above and continues to pay rent and damages at the rate of Rs. 35000/- per month on every seventh day of the month from March, 2025 onwards the judgment and decree passed by the Judge Small Causes would not be given effect to till 10.02.2026. However in the event of default after the adjustments are made as directed hereinabove by the petitioner to the landlord respondent the protection granted under this order shall ceased to operate and petitioner shall be liable to eviction under the judgment and decree at the instance of the landlord. Order Date :- 10.2.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad