Naseem Ahmad vs Naushad Ahmad

By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 21.08.2015, passed by learned Civil Judge (J.D.), Dehradun, in S.C.C. suit no. 3 of 2006, Naushad Ahmad, Advocate Receiver vs Ameer Ahmad and another, as also the judgment and order dated 01.09.2016, passed by Addl. District Judge IV, Dehradun, in Small Cause Revision no. 12 of 2015, Naseem Ahmad vs Naushad Ahmad (Receiver).

Learned counsel appearing on behalf of the tenant- petitioner fairly submitted that the petitioner is ready to handover the vacant and peaceful possession of the premises in question to the landlord-respondent, but three years'' time be granted to the petitioner to do the same.

Although learned counsel for the respondent opposed the same, but considering the nature of dispute between the parties, the tenant-petitioner is granted time upto 23.08.2019 to handover peaceful possession of the premises in question to the respondent-landlord subject to the petitioner

giving an undertaking within one month from today before the Judge, Small Causes Court to the following effect:

(1) The petitioner shall file an undertaking before the trial court on or before 23.09.2017 that he shall vacate the premises in question on or before 23.08.2019 and handover vacant and peaceful possession of the premises in question to the landlord. (2) The petitioner should undertake to deposit the entire decretal amount before the trial court within a period of two months from today subject to adjustment of any amount already deposited before the court below. (3) The petitioner should continue to pay the rent for the use and occupation of the premises in question on each succeeding month till vacation of the accommodation on 7th day of each month. (4) The petitioner shall not induct any other person in the premises in question. (5) In the event of default of any of the aforesaid conditions, the petitioner shall not be entitled to continue in the premises in question up to 23.08.2019 and the decree shall be executed forthwith.

With the aforesaid conditions, present writ petition is finally disposed of. No order as to costs.

[Stay application no. 9424 of 2016 also stands disposed of.]