Disposed

Hira Lal Panjwani v. Govind Bhawan Trust

Uttarakhand HC3 Jul 2025WPMS/3477/2024

Case brief

AI extract

What is this about?

Tenant sought relief from an eviction decree upheld in revision under the Provincial Small Cause Courts Act. On mutual consent, judgments were confirmed but the tenant was permitted to vacate by 30 June 2027, subject to undertaking, monthly payment of Rs. 5,000 for use and occupation, and no third-party interest.

What did the court decide?

Eviction judgments confirmed; time till 30 June 2027 to vacate with conditions: affidavit undertaking, Rs.5,000/month from 1 July 2025, no third-party interest.

SL.
No

Date

Office Notes,
reports, orders
or proceedings
or directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

WPMS 1205/2024
Hon’ble Manoj Kumar Tiwari, J.
Mr. Siddhartha Singh and Mr.
Nikhil Singhal, Counsel for the petitioner.
Mr. Piyush Garg, Advocate, for
the caveator.
(2)
Petitioner is tenant in shop in
question. Landlord filed suit for eviction,
which was decreed vide judgment dated
11.4.2022,
passed
by
Judge,
Small
Cause Court, Haridwar in SCC Case No.
07 of 2018. Petitioner challenged the
said judgment and decree in a revision
under Section 25 of Provincial Small
Cause Courts Act, 1887, which was
dismissed
by
revisional
court
vide
judgment dated 1.4.2024. Thus feeling
aggrieved, petitioner (tenant) has filed
this writ petition.

(3)
After arguing for a while, Mr.
Siddhartha Singh submits that petitioner
is ready to vacate the shop in question,
provided he is given some reasonable
time for the purpose.
(4)
Mr. Piyush Garg, learned for the
respondent (landlord), submits that he
has no objection if some reasonable time
is given to the petitioner for vacating the
shop in question.

(5)
In
view
of
the
consensus
between the parties, writ petition is
disposed of in following terms:

(i) Impugned judgments and
orders, passed by the courts below, stand confirmed. (ii) Petitioner shall vacate and handover the possession of vacant shop, in question, to the landlord (respondent) on or before 30^thJune, 2027, without further extension. (iii) An undertaking to this effect, in the form of affidavit, shall be filed by petitioner before the executing court. (iv) Petitioner shall pay rupees five thousand per month, w.e.f. 1.7.2025, to the landlord (respondent)
for use and occupation of the shop in question. (v) Petitioner shall not create third party interest in the shop in question and shall not initiate fresh proceedings on the same cause of action. (iv) In case of violation of any of the aforesaid conditions, petitioner shall not be entitled to protection of this order and he shall be liable to be evicted forthwith. (Manoj Kumar Tiwari, J.) 3.7.2025 Pr

(i) Impugned judgments and

orders, passed by the courts below,
stand confirmed.
(ii) Petitioner shall vacate and
handover the possession of vacant shop,
in question, to the landlord (respondent)
on or before 30^thJune, 2027, without
further extension.
(iii) An undertaking to this
effect, in the form of affidavit, shall be
filed by petitioner before the executing
court.
(iv) Petitioner shall pay rupees
five
thousand
per
month,
w.e.f.
1.7.2025, to the landlord (respondent)

for use and occupation of the shop in
question.
(v) Petitioner shall not create
third party interest in the shop in
question and shall not initiate fresh
proceedings on the same cause of action.
(iv) In case of violation of any
of the aforesaid conditions, petitioner
shall not be entitled to protection of this
order and he shall be liable to be evicted
forthwith.
(Manoj Kumar Tiwari, J.)
3.7.2025
Pr

Hira Lal Panjwani v. Govind Bhawan Trust

Case brief

What is this about?

What did the court decide?

Hira Lal Panjwani v. Govind Bhawan Trust

Case brief

What is this about?

What did the court decide?

What the court decided

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