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2025 DAILYLAW 73961 (ALL)

JAGDISH AND ANOTHER v. SMT. MAHENDRI DEVI (SINCE DECEASED) )AND 17 OTHERS

WRIA/9733/2025 · 2025-07-16

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116301 Court No. - 2 Case :- WRIT - A No. - 9733 of 2025 Petitioner :- Jagdish And Another Respondent :- Smt. Mahendri Devi (Since Deceased) )And 17 Others Counsel for Petitioner :- Mani Shanker Pandey,Rama Nand Shukla Counsel for Respondent :- Sumit Goyal Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioners and Sri Rahul Pandey, learned counsel for respondent no.1/2. 2. The petitioners by means of the present petition has prayed for following relief: "(I) Issue a writ order or direction in the nature of certiorari to call for record of the case and quashed the impugned order dated 28.05.2025 passed by Prescribed Authority/Additional District Judge Anupshar (Bulandshahr) in Rent Control Appeal No.13 of 2022 (Jagdish and others Vs. Smt. Mahendri and others) u/s 22 U.P. Rent Control Act 13 of 1972 and impugned order dated 25.04.2022 passed by Prescribed Authority Anupshahar (Bulandshahr) in Rent Control Case No.22 of 2021 (Smt. Mahendri Devi Vs. Subhash Chandra Gupta and others) u/s 21(1) (A) U.P. Act No.13 of 1972 (Annexure no.3 and 5) to the writ petition." 3. After arguing the matter at length, learned counsel for the petitioners 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 petitioners to vacate the house in question to which learned counsel for the respondents has no objection. 4. Considering the facts and circumstances of the case and with the consent of learned counsel for the respondents, the petitioners are 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 petitioners/tenant before the court below within a period of one month from today:- (i). The tenant-petitioners shall handover the peaceful possession of the house in question to the respondent/landlord on or before 17.10.2026. (ii). The tenant-petitioners 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-petitioners shall pay the rent of Rs.1,000/- per month by 7th day of every succeeding month and continue to deposit the same in the court below till 17.10.2026 or till the date they vacate the house in question whichever is earlier, and the respondents/landlord is at liberty to withdraw the said amount; (iv). The tenant-petitioners shall also state in the undertaking that they 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-petitioners 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-petitioners, they shall also be liable for contempt. 5. The writ petition is disposed off. Order Date :- 17.7.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad