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2025 DAILYLAW 7810 (ALL)

ZAHID HUSAIN v. NOOR HASAN

WRIA/448/2025 · 2025-01-24

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13187 Court No. - 4 Case :- WRIT - A No. - 448 of 2025 Petitioner :- Zahid Husain Respondent :- Noor Hasan Counsel for Petitioner :- Arvind Srivastava,Vikrant Gupta Counsel for Respondent :- Tawvab Ahmed Khan Hon'ble Ajit Kumar,J. 1. Heard Shri Arvind Srivastava, learned Advocate appearing for petitioner and Shri Tawvab Ahmed Khan, learned Advocate appearing for respondent. 2. By means of this petition filed under Article 226 of the Constitution, tenant petitioner has prayed for quashing of the judgment dated 20.09.2019 passed by the Prescribed Authority/ Civil Judge, (Junior Division) Rampur in P.A Case No.8 of 2016 and the judgment dated 13.12.2024 passed by Additional District Judge/FTC (Crime Against Women) Court No. 1 Rampur in Rent Appeal No.1 of 2019. 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 Tawvab Ahmed Khan, 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 two weeks from today that he will vacate the shop in question within a maximum period of one year and in any case by 23.01.2026. (ii) Petitioner will continue to pay rent and damages for accommodation of the premises in question at the rate of Rs. 2,000/- per month on seventh day of every month beginning from the month of February, 2025. 6. In the event of compliance of the aforesaid two directions the effect and operation of order dated 13.12.2024 passed by appellate authority shall not be pressed into service until 23.01.2026, however, in the event petitioner does not comply with the aforesaid directions, he shall be liable to be evicted at the instance of landlord respondent pursuant to the impugned order. Order Date :- 24.1.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad