Tenant sought relief in a landlord-tenant matter under Article 227. He filed an affidavit of undertaking to vacate the shop by a stated date and pay rent until then; the respondent's counsel accepted it. The court took the affidavit on record and disposed of the petition, holding the petitioner bound by the undertaking.
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Neutral Citation No. - 2024:AHC-LKO:16146
Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 649 of 2024
Petitioner :- Shailendra Kumar Respondent :- Suresh Chandra Counsel for Petitioner :- Manju Nagaur Counsel for Respondent :- Avinash Mishra
Hon'ble Abdul Moin,J.
Ms. Manju Nagaur, learned counsel for the petitioner has filed an affidavit of undertaking in pursuance to the order of this Court dated 09.02.2024 which is taken on record.
In paragraph 2 of the said affidavit of the undertaking it has been indicated that the petitioner would be vacating the shop within six months i.e by 09.08.2024. It is also indicated that as per the said undertaking the rent of the said shop would be paid to the petitioner up to the date of vacation of shop.
Sri Avinash Mishra, learned counsel for the respondents is satisfied with the aforesaid undertaking.
Considering the aforesaid, the writ petition is disposed of. It is expected that the petitioner would abide by the undertaking which has been given before this Court. In case, the petitioner does not abide with the undertaking then it would be open for the respondents to have the undertaking complied with in accordance with law.
Order Date :- 22.2.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petition could be disposed of in terms of the petitioner's undertaking to vacate the shop within six months and pay rent until vacation.
1 provisions across 1 enactments
Shailendra Kumar
Suresh Chandra
Abdul Moin
As recorded by the court registry
4 orders share this CNR
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