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Kashmir Singh vs Mohd. Siddiq Khan

Allahabad High Court · Decided on 17 April 2017 · Citation: (2017) 2 ARC 152

HON’BLE JUDGES
Attau Rahman Masoodi, J.
ACTS & SECTIONS REFERRED
Provincial Small Cause Courts Act, 1887 — Section 25
RESULT
Disposed Off
CASE NUMBER
S.C.C. Revision Defective No. 29 of 2016
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Judgment

7 paragraphs · 367 words

Attau Rahman Masoodi, J.—Heard Sri Umesh Chandra Saxena learned counsel for the revisionist and Sri Nirmit Srivastav learned counsel who has put in appearance on behalf opposite party.

2.

This S.C.C. revision filed under f 25 of Provincial Small Causes Court Act has arisen from the judgment/award passed in S.C.C. Suit No. 10 of 2012 whereby the suit for eviction and damages has been decreed against the revisionist who was directed to vacate the premises under question within a period of two months from the date of judgment i.e. 21.11.2015.

3.

After hearing learned counsel for the revisionist at some length, scope for disposal of the present revision in an agreeable manner to both the parties was explored.

4.

Learned counsel for the revisionist having definite instructions from his client has stated that the revisionist shall pay monthly rent of rupees five thousand coupled with 10% enhancement at the interval of every year to the opposite party/plaintiff who in turn has agreed to continue with the tenancy rights of the revisionist provided the monthly rent at the above rate was paid inclusive of arrears w.e.f. 1.1.2016.

5.

The Court may put on record that the revisionist has agreed to pay monthly rent of rupees five thousand on or before 7th day of every succeeding month regularly. The rent shall be enhanced by 10% at the end of every calender year and the first enhancement shall be effective w.e.f. 1.1.2018. The arrears of monthly rent at the rate of rupees five thousand w.e.f. 1.1.2016 shall be paid within a period of six months from today in two instalments of three months each. The first instalment shall fall due on or before 31st of July, 2016 and the second instalment shall fall due on or before 31st of October, 2016.

6.

In case of violation of present order, the revision shall stand dismissed and it shall be open to the opposite party to seek execution of the judgment/decree passed by the court below with an additional cost of rupees five hundred per day for occupying the premises. The tenancy at discretion shall be terminable on six months notice.

7.

With the aforesaid direction/observation, the revision is finally disposed of.