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2025 DAILYLAW 52171 (ALL)

YOGENDRA PAL SINGH v. SMT. ANITA SAXENA

A227/4578/2025 · 2025-05-18

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83853 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 4578 of 2025 Petitioner :- Yogendra Pal Singh Respondent :- Smt. Anita Saxena Counsel for Petitioner :- Devashish Mitra Counsel for Respondent :- Chandra Pal Singh,Vinayak Mithal Hon'ble Saral Srivastava,J. Heard learned counsel for the petitioner and Sri Rishabh Agrawal, Advocate (Advocate Roll AIR0944/2021) holding brief of Sri Vinayak Mithal, learned counsel for respondent. The petitioner in the present petition has assailed the order dated 02.02.2024 passed by Judge, Small Causes, Bareilly in Case No.37 of 2018 (Smt. Anita Saxena Vs. Yogendra Pal Singh) and the order dated 10.03.2025 passed by the Additional District Judge, Court No.1, Bareilly in Small Causes Revision No.3 of 2024 (Yogendra Pal Singh Vs. Smt. Anita Saxena). After arguing the matter at length, learned counsel for the petitioner submits that his client is ready and willing to vacate the house 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. Considering the facts and circumstances of the case and with the consent of learned counsel for the respondent, the petitioner is granted one year time from today to vacate and handover the house in question to respondent/landlord and subject to filing of following undertakings by the petitioner/tenant before the court below:- (1). The tenant-petitioner shall handover the peaceful possession of the house in question to the respondent/landlord on or before 19.05.2026. (2). The tenant-petitioner shall file undertaking before the court below to the said effect within three weeks from the date of receipt of certified copy of this order; (3). The tenant-petitioner shall pay entire decretal amount within a period of two months from the date of receipt of certified copy of this order; (4). The tenant-revisionist shall pay damages @ Rs.7,000/- per month by 7th day of every succeeding months and continue to deposit the same in the court below till 27.01.2021 or till the date it vacates the house in question whichever is earlier and the respondent/landlord is at liberty to withdraw the said amount; (5). In the undertaking the tenant-petitioner shall also state that it will not create any interest in favour of the third party in the house in dispute; (6). Subject to filing of the said undertaking, the tenant-petitioner shall not be evicted from the house in question till the aforesaid period; (7). 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; (8). In case the house in question is not vacated as per the undertaking given by the tenant-petitioner, it shall also be liable for contempt. The writ petition is dismissed subject to observations made above. Order Date :- 19.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad