Petitioner challenged eviction order under U.P. Rent Act. Court granted six months time to vacate and pay rent if petitioner files undertaking within 15 days. Eviction proceedings stayed contingent on undertaking.
Granted six months time to vacate and pay rent, subject to filing undertaking to vacate by June 30, 2025 within 15 days.
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Neutral Citation No. - 2024:AHC-LKO:78189
Court No. - 7
Case :- WRIT - A No. - 10817 of 2024
Petitioner :- Smt. Shabnoor Beg And Another Respondent :- Vinay Jain And Others Counsel for Petitioner :- Samarth Saxena,Ayush Pratap Singh Counsel for Respondent :- Vishnu Pratap Singh
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Vishnu Pratap Singh, learned counsel for the respondents.
2. Present petition has been filed challenging the order of eviction passed under Section 21(1)(a) of U.P. Act No.13 of 1972 as well as appellate order dated 04.10.2024 whereby the appeal has been dismissed.
3. The facts, in brief, are that the landlord had filed an eviction petition on the ground of personal need. The ground set up was that the wife of the landlord as well as two daughters were required to be established in their business for which the premises was not available and was under the tenancy of the petitioners. After considering the evidence on record, the prescribed authority recorded a finding of bonafide need in favour of the landlord. The findings were upheld in the appellate Court also.
4. There is no material to form a view that the findings recorded by both the Courts are in any way perverse or contrary to the evidence on record.
5. At this stage, learned counsel for the petitioners states that the petitioners may be granted certain time to vacate the premises in question to which counsel for the respondents has no objection.
6. Considering the said request, the petitioners are granted six months' time to vacate the premises in question subject to the petitioners filing an undertaking before the prescribed authority within a period of 15 days from today undertaking to vacate the premises in question on or before 30.06.2025 and to handover the possession to the landlord and to no one else. The overdue rent shall also be paid by the petitioners to the landlord within a period of two months from today.
7. Subject to the petitioners filing the said undertaking within the time granted, no proceedings for eviction shall be
undertaken against the petitioners.
8. In case the petitioners fail to file the undertaking within the time granted, the landlord would be at liberty to execute the eviction order in accordance with law.
9. Present petition stands disposed off in above terms.
Order Date :- 26.11.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether time to vacate should be granted subject to filing an undertaking to vacate by June 30, 2025.
Whether petition can be disposed of without executing eviction proceedings if undertaking is filed.
1 provisions across 1 enactments
Smt. Shabnoor Beg And Another
Vinay Jain And Others
Pankaj Bhatia
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
