Mohd. Akram vs Neelam Chabda

Alok Kumar Verma, J

Present Civil Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 16.03.2020, passed by learned Judge, Small Causes Court/ IInd Additional District Judge, Roorkee, District Haridwar in SCC Suit No. 11 of 2013, “Smt. Neelam Chabda vs. Mohd. Akram” by which, the said Suit has been decreed.

Learned counsel for the revisionist-defendant has filed a supplementary affidavit dated 17.03.2023. Supplementary affidavit is taken on record.

Heard Mr. Nagesh Aggarwal, Advocate, for the revisionist and Ms. Laxmi Saini, learned counsel for the respondent.

Learned counsel for the revisionist submitted that revisionist undertakes to vacate the suit property within 15 days’ from today and he will deposit the entire outstanding mesne profit at the rate of Rs. 5,000/- (Rupees Five Thousand) per month in place of Rs. 8,000/- (Rupees Eight Thousand) per month from 18.05.2013 within three months from today.

Ms. Laxmi Saini, learned counsel for the respondent-plaintiff agrees. She submitted that the respondent-plaintiff is waiving off the residual amount, as directed by learned Trial Court to revisionist to pay, and he will not make any claim on the said residual amount in future.

Having heard learned counsel for the parties, and, with the consent of learned counsel for the parties, it is directed that the revisionist may not be evicted from the suit property within fifteen days from today. Revisionist is directed to pay/deposit the entire mesne profit at the rate of Rs. 5,000/- per month from 18.05.2013, within three months from today.

Present Revision is disposed of accordingly.