Dr. Kirat Singh vs Smt. Rama Singh

1) By means of present writ petition, the petitioner seeks writ in the nature of certiorari to quash the impugned judgment and order dated 15.04.2015, passed by learned Civil Judge (Sr. Div.), Roorkee, Haridwar in S.C.C. case, bearing no. 23 of 2010, Smt. Rama Singh Vs Dr. Kirat Singh and impugned judgment and order dated 30.07.2016, passed by learned Addl. District Judge II, Roorkee, in small cause revision no. 13 of 2015, Kirat Singh vs Rampal Singh.

2) It is the submission of learned counsel for the tenant-petitioner that the adjoining tenant of the same landlord has been granted three years time by the co- ordinate Bench of this Court vide order dated 05.10.2016 and, therefore, present petitioner be granted 2 years time to vacate the premises in question, to which learned counsel for the respondent-landlord has no objection. .

3) Considering the nature of dispute between the parties, the tenant-petitioner is accordingly granted time upto 31.10.2019 to handover peaceful possession of the premises in question to the respondent-landlord subject to the petitioner giving an undertaking within one month from today before the court below to the following effect:

(1) The petitioner shall file an undertaking before the trial court on or before 31.05.2017 that he shall vacate the premises in question on or before 31.10.2019 and handover vacant and peaceful possession of the premises in question to the landlord. (2) The petitioner should undertake to deposit the entire decretal amount before the trial court within a period of two months from today subject to adjustment of any amount already deposited before the court below. (3) The petitioner should continue to pay the rent for the use and occupation of the premises in question on each succeeding month till vacation of the accommodation on 7th day of each month. (4) The petitioner shall not induct any other person in the premises in question. (5) In the event of default of any of the aforesaid conditions, the petitioner shall not be entitled to continue in the premises in question up to 31.10.2019 and the decree shall be executed forthwith.

4) With the aforesaid conditions, the present writ petition is finally disposed of with the consent of learned counsel for the parties. No order as to costs.

5) All pending applications in the present writ petition also stands disposed of.