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2026 DAILYLAW 8980 (UTT)

ZAKIR HUSSAIN v. PRAMOD KUMAR AGARWAL

WPMS/735/2024 · 2026-07-27

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010038162024 2026:UHC:6382 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/735/2024 Zakir Hussain --Petitioner Versus Pramod Kumar Agarwal --Respondent Hon’ble Manoj Kumar Tiwari, J. Mr. Siddhartha Singh, Advocate for the petitioner. Ms. Monika Pant, Advocate for the respondent. 2. This is tenant’s 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. Petitioner has also challenged the judgment rendered by Appellate Authority, whereby the order of release was affirmed. 3. After arguing for a while, Mr. Siddhartha Singh, learned counsel for the petitioner submits that petitioner is ready and willing to vacate the shop in question; however, he only wants some reasonable time for searching alternate accommodation. He, therefore, submits that petitioner be given at least two years’ time for vacating the shop in question. 4. Ms. Monika Pant, learned counsel appearing UKHC010038162024 2026:UHC:6382 for the landlord, submits that she has no objection if some reasonable time is given to petitioner for vacating the shop, provided he pays the rent at the prevailing market rate. 5. Having regard to the consensus arrived at 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 he will vacate the shop in question on or before 31.07.2028. Such affidavit shall be filed by him, positively within two weeks from today. (ii) Petitioner shall pay ₹6,000/- per month, excluding all charges, taxes, etc., towards use and occupation of the shop w.e.f. 01.07.2026 till 31.07.2028, on or before the 7th day of each succeeding month. He shall also deposit the entire arrears of rent and continue to pay the aforesaid amount on a month-to-month basis within the aforesaid time. (iii) Petitioner shall not sublet the property to anyone else, nor make any structural changes in the demised premises, without written permission of the landlord. (iv) In the event of breach of any of the aforesaid conditions by petitioner, then he shall be liable to be evicted forthwith from the shop in question and petitioner will not be entitled to protection of this order. (Manoj Kumar Tiwari, J.) 27.07.2026 Mahinder MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BAB A43D2B8F, cn=MAHINDER SINGH Date: 2026.07.28 16:51:53 +05'30'