Rajiv Nanda vs Sanjay Sah

Manoj Kumar Tiwari, J

This is tenant's petition under Article 227 of the Constitution against the order dated 30.03.2013 passed by learned Prescribed Authority/Sub-Divisional Magistrate/Rent Control & Eviction Officer, Ranikhet, District Almora in Case No. 2 of 2011-2012. The said order has been passed under Section 12(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and the tenement in question has been declared to be vacated on the ground that petitioner has substantially removed his effects therefrom and he has allowed it to be occupied by a person, who is not a member of his family.

Mr. Piyush Garg, learned counsel appearing for the petitioner, on instructions from his client, fairly submits that petitioner is ready to handover the vacant and peaceful possession of the premises in question to the respondent, provided two years time is granted to him for the purpose.

Mr. T.A. Khan, Senior Advocate appearing for the respondent submits that his client has no objection in granting some reasonable time to the petitioner for vacating the premises. However, according to him, two years time will be on the higher side and one year would be sufficient for the purpose.

Since, petitioner has voluntarily offered to vacate the premises in question for which he is seeking two years time, therefore, in the considered opinion of this Court eighteen months' time would be just, proper and equitable in the facts and circumstances of the case.

Accordingly, the writ petition is disposed of, in view of the understanding arrived at between the parties, with the following directions:-

(1) Petitioner shall file an undertaking in the form of an affidavit before learned Prescribed Authority / Sub-Divisional Magistrate / Rent Control & Eviction Officer, Ranikhet within three weeks from today that he shall vacate the premises in question on or before 10.03.2023 and shall handover vacant and peaceful possession of the premises in question to respondent.

(2) Petitioner shall pay ₹300/- per month as rent w.e.f. September, 2021 for use and occupation of the premises in question, on 7th day of each succeeding month till vacation of the premises.

(3) Petitioner shall not induct any other person as sub-tenant in the premises in question and he shall not make structural changes nor he shall cause any damage to the building and fixtures therein.

(4) In the event of default of any of the aforesaid conditions, petitioner shall not be entitled to continue in the premises in question up to 10.03.2023 and he shall become liable to be evicted forthwith.