- (1.) Heard Sri Sheetla Sahai learned Counsel for the applicant-revisionist. The revisionist aggrieved by the order of eviction passed by the Judge Small Causes Court filed writ petition No. 75929 of 2011. The said writ petition was disposed of on 2nd January, 2012 after having noted the submissions of the learned Counsel on certain terms and conditions. The judgment is already on record of the revision and has also been filed with the counter-affidavit of the opposite party. The said judgment dated 2.1.2012 is reproduced hereinunder: The tenant has filed this petition for assailing the judgment and order dated 19th October, 2011 passed by the Additional District Judge/Special Judge, Small Causes Court, Gautam Budh Nagar by which the SCC Suit No. 10 of 2008 filed the landlord has been decreed. The sole submission advanced by Sri Abhishek Shukla, learned Counsel for the petitioner is that the some time may be given to the petitioner to vacant the disputed premises as the Court below has only given two months time to vacate the premises.
(2.) Normally notice is required to be issued to the landlord but in the facts and circumstances of the case, this petition is disposed of with a direction that the petitioner shall not be compelled to vacate the premises in dispute for a period of four months from today subject to the petitioner-tenant giving an undertaking within two weeks from today before the Court of Small Causes to the following effect: (1) That the tenant shall handover peaceful possession of the premises to the landlord on or before the 30th April, 2012. (2) That the tenant shall pay damages at the rate of Rs. 5,000/- per month upto the date he hands-over the possession of the premises to the landlord. (3) That the tenant shall not induct any other person in the premises. It is made clear that in the event the tenant fails to give the undertaking within the aforesaid period or fails to comply with any of the terms of the undertaking, it will be open to the landlord to get the decree executed.
(3.) It appears that the applicant was thereafter advised that he ought to have filed a revision as the writ petition was not maintainable against the order of eviction. The revision was entertained and the following interim order was passed on 16.1.2012: The learned Counsel for the applicant submits that the question with regard to rate of rent has been wrongly decided and that the damages has been awarded at enhanced rate without there being any supporting material. The matter requires consideration. Shri Vijay Prakash, Advocate has filed Caveat Application on behalf of respondent Nos. 1 and 2. He prays for and is granted three weeks time to file counter-affidavit. Two weeks thereafter for rejoinder-affidavit. List thereafter. In view of the finding recorded by the Court below, the provisions of U.P. Act No. 13 of 1972 are not applicable and the tenancy has been validly terminated. No case for staying the decree so far as eviction part is concerned has been made out. The learned Counsel for the applicant tenant prayed that some reasonable time to vacate the disputed accommodation may be granted. However, time up to 31.3.2012 is granted to vacate the disputed accommodation. Taking into consideration the request of the learned Counsel for the applicant, time up to 31.3.2012 is granted subject to fulfillment of the following conditions: (1) The applicant tenant shall deposit the entire arrears of rent and damages @ Rs. 4,000/- per month after adjusting the amount, if any, already deposited, within a period of one month before the Trial Court for the period up to 31.3.2012. (2) He shall also file an undertaking on affidavit before the Trial Court within a period of one month stating that he will vacate the disputed accommodation on or before 31.3.2012 and will hand over its peaceful vacant possession without creating any third party interest to the landlord. In case of default in compliance of either of the conditions stipulated above, the stay order shall stand vacated. Till the next date of listing, the decree in so far as it relates to recovery of arrears of rent and damages @ Rs. 7,500/- per month shall remain stayed.;