Gandhi Ashram, Khadi Bhandar, Bhowali And Another vs Bhuwan Lal Sah

Alok Kumar Verma, J

The present Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 has been filed by the revisionists-tenants challenging the judgment and decree dated 18.07.2019, passed by learned District Judge, Nainital in S.C.C. Suit No.5 of 2018, “Bhuwan Lal Sah Vs. Shri Gandhi Ashram, Khadi Bhandar, Bhowali, District Nainital and Another, whereby, the learned trial court has decreed the suit of the respondent-plaintiff for recovery of possession and mesne profit.

Heard Mr. Aditya Singh, learned counsel for the revisionists and Mr. Pulak Agarwal, learned counsel for the respondent.

Mr. Aditya Singh, Advocate, submitted that the revisionists will vacate the suit property within two years. The revisionists have filed an affidavit dated 16.10.2024 (affidavit of Deep Chandra Joshi, the Secretary of the Gandhi Ashram, Khadi Bhandar, Bhowali, District Nainital). He further submitted that the revisionists also undertake that the revisionists would continuously pay the occupational charges as directed by the trial court and further undertake not to demolish the suit property and not to sublet the same.

Mr. Pulak Agarwal, Advocate, has submitted that the respondent is ready to grant one and half year period to the revisionists to vacate the suit property.

Mr. Aditya Singh, Advocate, on instruction agrees with the said proposal of the respondent, who has filed his affidavit dated 10.11.2024.

With the consent of the learned counsel for the parties, the present Revision (CLR No.113 of 2019) is decided.

The revisionists are directed to vacate the suit property and hand over the vacant possession of the same to the respondent by 30.05.2026. The revisionists shall pay the arrears, if any, within six months from today, and, they shall pay the occupational charges as directed by the trial court to the respondent by the 7th day of each month. In case of default in payment or breach of any said undertakings, the revisionists will be liable to vacate the suit property even before 30.05.2026, but in accordance with law.

Resultantly, the impugned judgment and decree dated 18.07.2019 are modified accordingly.