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Judgment
10 paragraphs · 327 wordsAlok Kumar Verma, J
The present S.C.C. Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 25.01.2024, passed by learned Judge, Small Cause Court / VIIIth Additional District Judge, Dehradun in S.C.C. Suit No. 26 of 2022, whereby, the learned trial court has decreed the suit of the respondent-plaintiff for recovery of possession and mesne profits.
Heard Mr. Shubham Bawania, learned counsel for the revisionist-defendant and Mr. Vikas Bahuguna, learned counsel for the respondent-plaintiff.
On 05.09.2024, Mr. Abhishek Rana, Advocate for revisionist had submitted on instructions, received from the revisionist, that the revisionist is ready to vacate the suit property within eight months.
An affidavit of the revisionist has been filed by Mr. Shubham Bawania, Advocate. The said affidavit is taken on record.
Mr. Shubham Bawania, Advocate submitted that the revisionist is ready to vacate the suit property within eight months. He further submitted that the revisionist also undertakes that he (revisionist) would continuously pay the occupational charges at the rate of Rs.15,000/-p.m. and further undertakes not to demolish the suit property and not to sublet the same.
Mr. Vikas Bahuguna, Advocate, on instructions, received from the respondent, submitted that respondent is ready to grant time till 31.05.2025 to the revisionist to vacate the suit property.
With the consent of learned counsel for the parties, the present Civil Revision (CLR No. 21 of 2024) is decided. The revisionist is directed to vacate the suit property and hand over the vacant possession of the suit property to the respondent by 31.05.2025. The revisionist shall pay occupational charges at the rate of Rs.15,000/-p.m. to the respondent by 7th day of each month.
In case of default in payment or breach of any said undertakings, the revisionist will be liable to vacate the suit property even before 31.05.2025.
Resultantly, the impugned judgment and decree dated 25.01.2024 are modified accordingly.