AMIT KUMAR GULATI @ AMIT GULATI v. RAJESH SINGH PATEL AND ANOTHER
A227/5296/2025 · 2025-05-20
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60226 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60226 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:86069 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 5296 of 2025 Petitioner :- Amit Kumar Gulati @ Amit Gulati Respondent :- Rajesh Singh Patel And Another Counsel for Petitioner :- Shriyansh Singh,Surendra Kumar Chaubey Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for respondent no.2. 2. The petitioner by means of the present petition has prayed for following relief:
"(i) Set aside the impugned order dated 25.04.2025 passed by Additional District Judge, Ist Banda in Rent Appeal No.09 of 2025, Amit Kumar Gulati @ Amit Gulati Vs. Rajesh Singh Patel, and impugned order dated 23.01.2025 passed by Prescribed Authority/Additional District Magistrate (Finance & Revenue) Banda in Rent Case No.627 of 2022, Rajesh Singh Patel Vs. Amit Kumar Gulati @ Amit Gulati (Annexure Nos. 1 and 2 to the petition respectively."
3. 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. 4. Considering the facts and circumstances of the case, the petitioner is granted one year time from today to vacate and handover the house in question to respondents/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 house in question to the respondent/landlord on or before
20.05.2026. (ii). The tenant-petitioner shall file undertaking before the court below to the said effect within a period of four weeks from the date of receipt of certified copy of this order;
(iii). The tenant-petitioner shall pay rent @ Rs.4400/- per month by 7th day of every succeeding months and continue to deposit the same in the court below till 20.05.2026 or till the date he vacate the house in question 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 house in question; (v). Subject to filing of the said undertaking, the tenant-petitioner shall not be evicted from the house in question 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 house in question 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 :- 21.5.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad