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Judgment
11 paragraphs · 353 wordsAlok Kumar Verma, J
The present Revision has been filed by the defendant under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 22.04.2025, passed by learned Judge, Small Causes Court / District Judge, Nainital in SCC Suit No.1 of 2025, by which, the said suit has been decreed.
Heard Mr. Nitin Tewari, learned counsel for the revisionist and Mr. Piyush Garg, learned counsel for the respondent.
As per the submission of the parties, the suit property was given on rent to the revisionist-defendant by the respondent-plaintiff for ten years vide registered rent agreement dated 22.01.2019 w.e.f. 01.07.2017 to 30.06.2027.
Mr. Nitin Tewari, Advocate appearing for the revisionist submitted on instructions, received from the revisionist, that the revisionist undertakes to vacate and hand over the suit property to the respondent-plaintiff by 30.06.2027; he shall not sublet the suit property; he shall not change the nature of the property; and, he shall pay mesne profits, as directed by the trial court, regularly until the suit property is vacated.
Mr. Nitin Tewari, Advocate, has requested one week’s time to file the said undertaking in writing before the trial court.
Time is granted.
Mr. Piyush Garg, Advocate appearing for the respondent-plaintiff submitted on instructions, received from the respondent, that the respondent agrees with the said proposal of the revisionist.
On the request of learned counsel for both the parties, the present Revision (CLR No. 57 of 2025) is decided with the direction that the revisionist shall not be evicted from the suit property till 30.06.2027 subject to prior condition of depositing the mesne profits, as directed by the trial court, by 7th of each month and he shall not sublet the suit property and shall not change the nature of the suit property, as undertakes by him.
In case, if there is any breach of the said undertaking or in any default of the payment, the revisionist may be evicted even before 30.06.2027, but in accordance with law.
Accordingly, the judgment and decree of the trial court are modified.