Archana vs Digvijay Singh Khanduri & Others

Manoj Kumar Tiwari, J

This is tenant’s petition under Article 227 of the Constitution against the orders dated 08.10.2012, and 21.01.2014 passed by Prescribed Authority/City Magistrate, Dehradun in Case No. 28 of 2011 and also the Form-C issued by Prescribed Authority. Petitioner has also challenged the order dated 16.09.2021 passed by learned 3rd Additional District Judge, Dehradun in Rent Control Revision No. 12 of 2018.

Prescribed Authority had declared the premises in question as vacant vide order dated 08.10.2012 and by subsequent order dated 21.10.2014, the said premises was released in favour of the landlord.

Mr. A.M. Saklani, learned counsel appearing for the petitioner, on instructions from his client, fairly submits that petitioner is ready to handover vacant and peaceful possession of the premises in question to the respondents, provided two years time is granted to her for the purpose.

Mr. Anil Anthwal, learned counsel appearing for the respondents submits that his clients have no objection in granting reasonable time to petitioner for vacating the premises. However, according to him, two years time will be on the higher side and nine months would be sufficient for the purpose.

Since, petitioner has voluntarily offered to vacate the premises in question for which she is seeking some time, therefore, in the considered opinion of this Court one year’s time would be just, proper and equitable in the facts and circumstances of the case. Thus, she is granted time till 31.03.2023 for vacating the premises in question. This, however, shall be subject to fulfillment of following conditions by the petitioner:-

(1) Petitioner shall file an undertaking in the form of an affidavit before learned Prescribed Authority / City Magistrate, Dehradun within three weeks from today that she shall vacate the premises in question on or before 31.03.2023 and shall handover vacant and peaceful possession of the premises in question to the respondents.

(2) Petitioner shall pay ₹3,000/- per month as use and occupation charges to the landlord on or before 7th day of each succeeding month.

(3) Arrears of use and occupation charges, if any, in terms of interim order dated 29.09.2021, shall be deposited by petitioner before the Prescribed Authority, positively within four weeks from today.

(4) Petitioner shall not induct any other person as sub-tenant in the premises in question and she shall not make structural changes nor she shall cause any damage to the building and fixtures therein.

(5) In the event of breach of any of the aforesaid conditions, petitioner shall not be entitled to continue in the premises in question up to 31.03.2023 and he shall become liable to be evicted forthwith.

With the aforesaid direction, writ petition is disposed of.