Brij Mohan Arora (Deceased) Through L.R. Vishal Arora vs Kanso Devi Gyan Devi Tapowan Ashram Samiti

Alok Kumar Verma, J

Present Writ Petition has been filed under Article 227 of the Constitution of India to set aside the judgment and decree dated 06.03.2010, passed by learned Judge, Small Causes Court/Civil Judge (Senior Division), Haridwar in SCC Suit No. 9 of 2001, “Kanso Devi Gyan Devi Tapowan Ashram Samiti vs. Brij Mohan Arora” and judgment dated 05.03.2013, passed by learned IVth Additional District Judge, Haridwar in SCC Revision No. 13 of 2010.

Learned Trial Court had allowed the said SCC Suit by passing an eviction order against the petitioner-defendant in relation to the suit property and directed the petitioner to deposit the outstanding rent of Rs. 5160/-, use and occupation charges of Rs. 235/- and mesne profit at the rate of ten rupees per day from the date of the Suit till the possession of the suit property is handed over to the respondent-plaintiff.

Against the said judgment and decree, Revision was filed. The said Revision has been dismissed. Hence, present Writ Petition.

Heard Mr. Mukesh Singh Rawat, learned counsel for the petitioner and Mr. Siddhartha Singh, learned counsel for the respondent.

Original petitioner Late Brij Mohan Arora has died on 19.08.2015. On 10.01.2020, Substitution Application, filed by Vishal Arora (son) legal representative of the deceased petitioner, was allowed.

Petitioner has filed written submission dated 03.04.2023 and the same is taken on record.

Mr. Mukesh Singh Rawat, Advocate, submitted that the petitioner is ready to vacate the suit property and for the said purpose, he had sought time on 31.03.2023 to file the said proposal through an application. Therefore, the said written submission has been filed.

Mr. Mukesh Singh Rawat, Advocate, submitted that through the said written submission, petitioner Vishal Arora undertakes to vacate the suit property within one year and he shall pay Rs. 5,000/- per month as a rent/mesne profit to the respondent till peaceful possession of the suit property is handed over to the respondent. He further submitted that the petitioner shall not change the nature of the suit property.

Having heard learned counsel for the parties, and, the facts and circumstances of the case, in the interest of justice, petitioner is granted time till 31.03.2024 to vacate the suit property. The monthly payment shall be paid in advance by the 8th day of every month.

Learned counsel for both the parties requested to decide the present petition on the aforesaid terms.

With the consent of learned counsel of the parties, present Petition is disposed of in the aforesaid terms.