Krishna Kumar Kalra vs Rohit Shethy And Another

Alok Kumar Verma, J

Present Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 28.02.2023, passed by learned Judge, Small Causes Court/ Additional District Judge, Ramnagar, District Nainital in SCC Suit No. 12 of 2021, “Rohit Shethy and Another vs. Krishna Kumar Kalra” by which, the said Suit has been allowed and by allowing the said Suit, learned Trial Court has directed the revisionist-defendant to vacate the shop-in-question and handover the possession to the respondents-plaintiffs within a month. Revisionist has also been directed to pay mesne profit at the rate of Rs. 150/- per day till the possession of the shop-in-question is handed over to the respondents-plaintiffs.

Heard Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Vinay Bhatt, learned counsel for the revisionist and Mr. B.D. Pande, learned counsel for the respondents.

Application  for  taking  the  affidavit  dated 11.04.2023 (IA No. 2 of 2023), filed by the revisionist, is taken on record.

Both the parties are present in-person. They are identified by their learned counsel respectively.

According to the said Application (IA No. 2 of 2023), the revisionist undertakes to vacate the tenanted premises on or before 12.04.2025, and, he shall deliver the peaceful possession of the shop-in-question to the respondents. He shall not seek for further extension of time in any manner.

Revisionist further stated in the said Application (IA No. 2 of 2023), supported by an affidavit, that he shall pay the dues of the rent/mesne profit as follows:-

(a) The first installment of Rs. 32,000/- will be paid on or before 12.06.2023.

(b) The second installment of Rs. 32,000/- will be paid on or before 12.08.2023.

(c) The last installment of Rs. 32,000/- will be paid on or before 12.10.2023.

Revisionist further stated that he will pay the rent of the month of April, 2023 at the rate of Rs. 4,000/-(Rupees four thousand) in a week and will pay the rent of the next months at the rate of Rs. 4,000/- (Rupees four thousand) per month in advance by the 8th day of every month.

As per the said Application (IA No. 2 of 2023), the aforesaid amount will be paid directly in the account of the respondent, bearing Account No. 3880008700001847, Punjab National Bank, Branch- Ramnagar and if any of these conditions is violated, the respondent shall be at liberty to get the decree executed, as per law.

Learned counsel for both the parties requested to decide the present Revision on the aforesaid terms.

With the consent of learned counsel of both the parties, present Revision is disposed of in the aforesaid terms. Impugned judgment and decree dated 28.02.2023 is modified accordingly.

The said Application (IA No. 2 of 2023) will be part of the decree.