Amod Kumar vs Ram Kumar And Another

Alok Kumar Verma, J

This SCC revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887, against the judgment and decree dated 23.09.2019, passed by the Judge, Small Cause Court/Additional District Judge, Vikasnagar, Dehradun, in SCC Suit No. 01 of 2018 “Shri Ramkumar Vs. Shri Pramod Kumar and Another”, whereby the learned trial court directed the defendants to vacate the property-in-question within 30 days from the date of judgment and to pay mesne profit.

Heard Mr. Ankur Sharma, the learned counsel for the revisionist and Mr. Rajat Mittal, the learned counsel for the respondents.

During the arguments, the learned counsel for the revisionist-defendant no. 2 submitted that the revisionist undertakes that he will vacate the property-in-question within twelve months from today. The learned counsel for the revisionist further submitted that the revisionist is depositing Rs. 600/- per month continuously as a mesne profit and he is ready to pay the mesne profit @ Rs. 600/- per month.

The learned counsel for the respondents has no objection on the said undertaking of the revisionist.

In the light of the oral undertaking of the revisionist, the revisionist may not be evicted from the property-in-question before one year from today. The revisionist is directed to vacate the property-in-question and handover the vacant possession of the property-in-question to the respondents by 13.04.2023.

Mr. Amod Kumar, the revisionist is further directed to deposit the mesne profit @ Rs. 600/- per month. In case of default in payment, the revisionist will be liable to vacate the property-in-question even before 13.04.2023, but, according to law.

Subject to the aforesaid undertaking and with the consent of the learned counsel for the parties, the present Revision is disposed of accordingly.