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2026 DAILYLAW 7112 (UTT)

PAURL JAIN v. MAHENDRA SINGH RAWAT

WPMS/1527/2026 · 2026-06-17

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010088302026 2026:UHC:4949 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1527/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. D.C.S. Rawat, Advocate for the petitioners. 2. Mr. Vikas Bahuguna, Advocate for the respondent. 3. This is tenants’ petition under Article 227 of the Constitution against the order passed by Prescribed Authority in proceedings under Section 21 (1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Petitioners have also challenged the order passed by Appellate Authority under Section 22 of the said Act. The Prescribed Authority allowed the application seeking release of the shop in question in favour of the landlord (respondent). Petitioners’ appeal against the said order was dismissed by the Appellate Authority. Both these orders are put to challenge in this writ petition 4. After arguing for a while, learned counsel for the petitioners submits that petitioners are ready to vacate the shop, provided some time is given to them for finding alternate accommodation. He, therefore, submits that petitioners be given at least two years’ time for vacating the shop. 5. Mr. Vikas Bahuguna, learned counsel appearing for the lanllord although on instructions, submits that he has no objection in giving some UKHC010088302026 2026:UHC:4949 reasonable time to petitioners for vacating the shop, however, two years time sought by petitioners is excessive and they can be given eighteen months for the purpose. 6. Having regard to the facts and circumstances of the case and also in view of consensus between the parties, the writ petition is disposed of with the following directions: (i) Petitioners shall give an undertaking in the form of an affidavit before the Prescribed Authority that they will vacate the shop in question on or before 31.12.2027. Such affidavit shall be filed by them, positively within two weeks from today. (ii) Petitioners shall deposit entire arrears of rent and also they will continue to pay future rent on month to month basis on or before 7th day of each succeeding month. (iii) Petitioners shall not sublet the property to anyone else, nor make any structural changes in the demise premises, without written permission of the landlord. (iv) In the event of breach of any of the aforesaid conditions by petitioners, then they shall be liable to be evicted forthwith from the shop in question and petitioners will not be entitled to protection of this order. (Manoj Kumar Tiwari, J.) 17.06.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d 3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6E D9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.06.18 10:13:13 +05'30'