The Court, with mutual agreement, directed the petitioner-tenant to vacate suit premises by 31st October 2020 and hand over possession. Rent continues until vacatur. Stay on decree execution granted if undertaking filed within 15 days.
Tenant directed to vacate by 31.10.2020. Decree execution stayed if undertaking filed in 15 days.
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Court No. - 53
Case :- WRIT - A No. - 20511 of 2019
Petitioner :- Smt. Jaitoon Begam Respondent :- Mohammad Yunus Counsel for Petitioner :- Rama Goel Bansal Counsel for Respondent :- Rishikesh Tripathi
Hon'ble Vivek Agarwal,J.
Heard Smt. Rama Goel Bansal, learned counsel for the petitioner and Sri Rishikesh Tripathi, learned counsel for the respondent.
After arguing at length and raising different issues in favour of her client i.e. the tenant-Smt. Jaitoon Begam, it is agreed between the parties at last that if some reasonable time is granted to the petitioner to vacate the suit premises and make alternate arrangements to earn her livelihood, she would vacate the suit premises.
In view of such facts, learned counsel for the petitioner submits that she be granted at least a years' time to vacate the suit premises.
However, Sri Tripathi, counsel for the respondent submits that six months' time will be more than sufficient under the facts and circumstances.
However, it is apparent from the documents on record that petitioner had agreed to grant one year time in favour of one Smt. Vimla Devi with whom, compromise was entered into before the Lok Adalat of Additional Civil Judge, Sr. Division, Court Room-8, Jhansi on 06.12.2014 and in another case, which is a case of residential property about six months time was granted to vacate the suit premises to the tenant.
In view of such facts, this Court is of the opinion that if the petitioner is granted time upto 31st October, 2020 to vacate the suit premises, then ends of justice will meet and that will not put the petitioner-tenant into such a peculiar situation so to deprive her of her right to earn livelihood.
In view of such facts, with agreement of both the parties and as agreed by both of them, it is directed that petitioner-tenant shall vacate the suit premises on or before 31st October, 2020 and hand over peaceful vacant possession in favour of the respondent-landlord.
Till that date, the tenant shall continue to pay the rent as per the terms of the agreement between the landlord and the tenant.
In case such an undertaking is filed by the tenant-petitioner within 15 days from today before the Trial Court, then Trial Court/Prescribed Authority shall not execute the decree in favour of the landlord.
With the aforesaid direction, writ petition is disposed off.
Order Date :- 14.1.2020 Ashutosh
2 issues framed by the court
The appropriate reasonable time for the petitioner-tenant to vacate the suit premises.
Whether the eviction decree should be stayed pending filing of an undertaking within 15 days.
Smt. Jaitoon Begam
Mohammad Yunus
Vivek Agarwal
Ashutosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
