Petitioner sought time to vacate a shop against findings of lower courts. Court granted one-year time, subject to undertaking and rent deposit, keeping execution in abeyance.
Granted one year time to vacate shop, subject to filing undertaking and depositing arrears within one month.
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Court No. - 4
Case :- WRIT - A No. - 17024 of 2021
Petitioner :- Ajay Kumar Gupta Respondent :- Smt. Indira Gupta And 2 Others Counsel for Petitioner :- Syed Mohammad Abbas Abdy Counsel for Respondent :- Ashish Srivastava
Hon'ble Rohit Ranjan Agarwal,J.
Vakalatnama filed today by Sri C.N. Mishra, Advocate on behalf of respondents is taken on record.
Heard Sri S.M.A. Abdy, learned counsel for petitioner and Sri C.N. Mishra along with Sri Atul Srivastava, learned counsel for respondents.
This writ petition has been filed against order dated 03.08.2019 passed by Prescribed Authority allowing the release application of plaintiff-respondent filed under Section 21(1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972 and order dated 23.03.2021 passed by Additional District Judge, Court No. 18 in Rent Appeal No. 40 of 2019, dismissing the appeal of defendant-petitioner.
As both the courts below had recorded categorical finding and allowed the release application in favour of plaintiffrespondent, learned counsel for defendant-petitioner after some argument submitted that his client is ready to vacate the disputed shop in question if he is granted some time to vacate the shop. He further submitted that execution proceedings have been initiated at the behest of contesting respondent.
The counsel for plaintiff-respondent does not oppose the prayer so made for granting time to vacate the shop in question, within the time granted by this Court.
Having heard learned counsel for the parties, this Court without adjudicating the matter on merits, grants one year time to defendant-petitioner to vacate the shop in question, without interfering in the finding recorded by the courts below, subject to the defendant-petitioner filing an undertaking before the Prescribed Authority within a period of one month from today and also depositing the entire outstanding arrears of rent within the said period, and thereafter, keep on depositing the rent on month to month basis. The execution proceedings so initiated shall be kept in abeyance till the submission of undertaking before the prescribed authority.
With the aforesaid directions, writ petition stands disposed of.
Order Date :- 26.11.2021 V.S.Singh
1 issue framed by the court
Whether petitioner should be granted time to vacate the disputed shop without adjudicating the matter on merits.
1 provisions across 1 enactments
Ajay Kumar Gupta
Smt. Indira Gupta
Others
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
