This is a summary disposition of a writ petition regarding a tenant's eviction. The court recorded an agreement between parties for eviction and directed the tenant to vacate by a specific date while paying rent.
Petitioner to vacate shop on or before 30th June 2027 and pay rupees five thousand per month w.e.f. 1.7.2025.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
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| 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. |
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| (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. |
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| (5) In view of the consensus between the parties, writ petition is disposed of in following terms: |
| (i) Impugned judgments and |
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| 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 30thJune, 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 |
Petitioner
Respondent
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
