Purushottam Singh Rawat vs Rajpal Thapa

Alok Kumar Verma, J

The present Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 has been filed by the revisionist – defendant challenging the judgment and decree dated 27.11.2019, passed by learned Judge, Small Causes Court/ IInd Additional District Judge, Rishikesh, District Dehradun in SCC Suit No.64 of 2018, “Shri Rajpal Thapa vs. Shri Purushottam Singh Rawat”, by which, the SCC Suit has been decreed.

Mr. Purushottam Singh Rawat, the revisionist – defendant is present in-person with his learned counsel Mr. Siddhartha Singh, Advocate.

Mr. Piyush Garg, Advocate, for the respondent – plaintiff.

The revisionist has filed a supplementary affidavit (IA No.10019 of 2024) dated 08.04.2024 praying that he is ready to vacate the shop in-question within 18 months and he is ready to pay the occupational charges at the rate of Rs.5,000/- per month to the respondent – plaintiff and further undertakes not to demolish the shop and not to sublet the same.

Mr. Purushottam Singh Rawat submitted that he has filed the said supplementary affidavit with his free will and without any pressure.

With the consent of learned counsel for both the parties, the present Revision is decided by granting time to the revisionist to vacate the shop in-question by 30.09.2025. He is also directed to pay Rs.5,000/- by the 7th of each month as occupational charges to the respondent – plaintiff and further not to demolish the shop and not to sublet the same. In case of default in payment or breach of any conditions, the revisionist will be liable to vacate the shop-in-question even before 30.09.2025.

The impugned judgment and decree dated 27.11.2019 is modified accordingly.