Anjani Kumar, J. - (1.) The petitioner who is a tenant, by means of this petition has prayed for setting aside the order passed under the provisions of Provincial Small Cause Courts Act, 1889 whereby the application for setting aside the ex-parte decree dated 22nd December, 1997 in S.C.C. Suit No. 45 of 1997, Ram Autar & Other v. United India Insurance Co. Ltd., was refused to be set aside on the ground that the petitioner-tenant has not complied with the provisions of Section 17 of the Provincial Small Cause Courts Act, 1889. Thus, the application for setting aside the ex-parte decree cannot be interfered.
(2.) Learned Counsel for the respondents, Shri Rajesh Tandon, has relied upon the decision of the Apex Court reported in (2002) 2 Supreme Court Cases 16 ; 2002 (1) ARC 186, Kedarnath v. Mohan Lal Kesarwarl and others, whereby the Court did not extend time for depositing the decretal amount or grant permission to furnish security as contemplated under the proviso of Section 17 of the Provisional Small Cause Courts Act, 1889 beyond the date of limitation prescribed; In this view of .the matter and in view of the law declared by the Apex Court, this petition deserves to be dismissed.
(3.) Learned Counsel for the petitioner prays that since the petitioner is National Insurance Company who run insurance in the accommodation in dispute, therefore, some time may be granted to vacate the accommodation in question. The prayer is for a reasonable time of one year to vacate the premises in question. Learned Counsel Shri Rajesh Tandon has no objection for the time being granted. In this view of the matter the decree, as confirmed, will not be executed against the petitioner till 24th April, 2003 or the date on which the petitioner actually vacates the premises. The petitioner may handover the vacant possession of the accommodation in question to the landlord on the following conditions:- (1) Petitioner shall handover the peaceful vacant possession to the landlord on or before 24th April, 2003; (2) The arrears of rent, if any, shall be deposited within one month from today by the petitioner with the Trial Court after adjusting the amount already deposited till the interim order of this Court or otherwise and keeps on depositing the decretal amount and damages so long petitioner continued in possession and so long as petitioner handover the accommodation to the landlord. As directed above, the landlord shall be entitled to withdraw the same.;