Robin Grover vs M/S Prayag Colonizer

Alok Kumar Verma, J

The present Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 has been filed challenging the judgment and decree dated 23.04.2024, passed by learned Judge, Small Cause Court/Ist Additional District Judge, Rishikesh, District Dehradun in SCC Suit No.17 of 2021, “M/S Prayag Colonizer Vs. Robin Grover”, whereby, the learned Judge has decreed the suit of the respondent-plaintiff for recovery of possession, rent and mesne profit with other consequential relief.

Heard Mr. V.K. Kaparuwan, learned counsel for revisionist-defendant and Mr. Rishab Ranghar, learned counsel for respondent-plaintiff.

Admit.

Supplementary affidavit dated 17.09.2024, filed by the revisionist, is taken on record.

Mr. V.K. Kaparuwan, Advocate, submitted that by filing the said supplementary affidavit, the revisionist has sought two years’ time to vacate the suit property.

Mr. V.K. Kaparuwan, Advocate, further submitted that the revisionist will pay the entire outstanding rent, as directed by the learned trial court, to the respondent within four weeks’ from today and the revisionist also undertakes that he would continuously pay the occupational charges to the respondent, as directed by the learned trial court, and further undertakes not to demolish the suit property and not to sub-let the same.

Mr. Rishab Ranghar, Advocate, has submitted, on instruction, that the respondent has no objection if the revisionist is granted one year time to vacate the suit property.

Mr. V.K. Kaparuwan, Advocate, agrees with the said submission of Mr. Rishab Ranghar, Advocate.

In view of the said submissions of the parties, the revisionist may not be vacated from the suit property till 30.09.2025.

Mr. V.K. Kaparuwan, Advocate, has submitted that the revisionist had paid Rs.1,90,000/-(Rupees One Lakh Ninety Thousand) to the respondent as security amount. Mr. Rishab Ranghar, Advocate, submitted that the respondent shall return the said amount to the revisionist by 30.09.2025.

With the consent of learned counsel for the parties, the present Revision (Civil Revision No.61 of 2024) is disposed of accordingly.

The revisionist is directed to vacate the suit property and hand over the vacant possession of the suit property to the respondent by 30.09.2025. In case of default in payment, the revisionist shall be liable to vacate the suit property even before 30.09.2025, but, in accordance with law.

Consequently, the impugned judgment and decree dated 23.04.2024 are modified accordingly.