DEEN DAYAL vs SMT. SUMAN PUNETHA AND OTHERS

Sudhanshu Dhulia, J

This is tenant’s writ petition arising out of an order dated 06.09.2014 passed by the Prescribed Authority, Champawat under Section 21 (a) of

the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, by which the premises, in question, has been released in

favour of the landlord respondents. The Prescribed Authority has given a finding that the landlords have bona fide need and comparative hardship as

well. Against the order of the Prescribed Authority, the petitioner preferred an appeal before the appellate court. The appellate court vide its judgment

and order dated 01.12.2015 dismissed the appeal of the petitioner and upheld the order passed by the Prescribed Authority.

Hence, the present writ petition before this Court.

This matter is pending before this Court for the last two and a half years and pursuant to an interim order passed by a Coordinate Bench of this

Court on 15.02.2016, the petitioner is presently in occupation of the premises in question.Â

Be that as it may, the learned Senior Counsel for the petitioner after arguing for some time, made a proposal that the petitioner is willing to vacate

the premises and handover its peaceful and vacant possession to the landlords within a period of one and a half years i.e. on or before 23.11.2019.

Learned counsel for the landlords/respondents accepts this proposal, provided the petitioner also pays the entire accumulated rent. The petitioner

shall pay the rent at the rate of Rs.1, 000/- (Rupees One Thousand Only) per month as suggested by the learned Senior

Counsel for the petitioner, from the date of filing of the writ petition, till he vacates the premises on 23.11.2019. The arrears thereof shall be given to

the respondents/landlords within one month from today.

In view of the above and as agreed between the parties, the petitioner shall vacate the premises in question by 23.11.2019 positively. The petitioner

shall also pay the entire outstanding rent to the landlords at the rate of Rs.1,000/- (Rupees One Thousand Only) per month with effect from the date

of filing of the writ petition, as directed above. The petitioner shall submit an affidavit to this effect before the Prescribed Authority within 15 days

from today, failing which the SubDivisional Magistrate, Champawat is directed to ensure eviction of the petitioner.

However, this order will not prejudice the rights of the landlords/respondents to approach the appropriate Forum for realization of the remaining

rent, if it is due.Â

In view of the above, the writ petition stands disposed.Â