Gulshan Pawha vs Pawan Kumar Jain

Pankaj Purohit, J

Petitioner seeks to quash the order dated 18.06.2024 passed by learned District Judge, Nainital in Rent Control Appeal No.12 of 2023 as well as the order dated 26.04.2023, passed by the Prescribed Authority/ Civil Judge, Junior Division, Haldwani, Nainital in Rent Control Case No.2 of 2012.

Without pressing the writ petition on its merits, at the outset, learned counsel for the petitioner submits that he may be granted two years’ time from today, i.e., till 02.10.2026 to handover peaceful and vacant possession of the subject shop to the respondent landlord.

Although, in the facts and circumstances of the case, the petitioner is not entitled for any indulgence from this Court, but still, in the interest of justice, the petitioner is granted time upto 02.10.2026 to handover peaceful and vacant possession of the subject shop to the respondent/landlord.

In view thereof, this writ petition is disposed of in following terms to obviate further delay:-

A. The petitioner shall handover peaceful and vacant possession of the subject shop to the respondent/landlord on or before 02.10.2026.

B. The petitioner shall pay/deposit the entire decretal amount, if any, with the Court below within one month from today; the said Court, in turn, will release the said amount to the respondent in accordance with law.

C. The petitioner-tenant shall pay a rent/user-charges of Rs.10,000/-per month as mesne profit, during the period of two years on or before 10th day of every month.

D. The petitioner shall furnish an undertaking to this effect before the learned court below within a week from today.

E. If the petitioner fails to honour the aforesaid undertaking, this order would be deemed to have been vacated automatically.

Registrar (Judicial) is directed to intimate the Court concerned accordingly.

Pending application, if any, stands disposed of.