Harish Chandra Tiwari & others vs Parmajeet Singh & others

1) By means of present writ petition, the petitioners seek to set aside the order dated 31.10.2014, passed in Prescribed Case no. 05 of 2009, Paramjeet Singh and others vs Shiv Dutt Tiwari (Deceased) and others, by the Prescribed Authority, Haldwani, District Nainital, and order dated 25.07.2017, passed in Rent Control Appeal no. 09 of 2015, Harish Chandra Tiwari and others vs Paramjeet Singh and others, by I Addl. District Judge, Haldwani, District Nainital.

2) Learned counsel appearing on behalf of the tenants-petitioners fairly submitted that the petitioners are ready to handover the vacant and peaceful possession of the premises in question to the landlords-respondents, but three years'' time be granted to the petitioners to do the same.

3) Although learned counsel for the respondents opposed the same, but considering the nature of dispute between the parties, the tenants-petitioners are granted time

upto 11.09.2019 to handover peaceful possession of the premises in question to the respondents-landlords subject to the petitioners giving an undertaking within one month from today before the Prescribed Authority to the following effect:

(1) The petitioners shall file an undertaking before the trial court on or before 11.10.2017 that they shall vacate the premises in question on or before 11.09.2019 and handover vacant and peaceful possession of the premises in question to the landlords. (2) The petitioners 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 petitioners shall not induct any other person in the premises in question. (5) In the event of default of any of the aforesaid conditions, the petitioners shall not be entitled to continue in the premises in question up to 11.09.2019 and the decree shall be executed forthwith.

4) With the aforesaid conditions, present writ petition is finally disposed of. No order as to costs.