Ruchi And Another vs Premlata And Others

Lok Pal Singh, J

Writ petition is directed against the judgment and order dated 20.12.2018, passed by Addl. District Judge, Kotdwara, District Pauri Garhwal, in Rent Appeal no. 02 of 2018, Smt. Ruchi and another vs Smt. Premlata and others, whereby the learned Appellate Court has dismissed the appeal of the appellants / petitioners confirming the judgment and order dated 22.12.2017, passed by the Prescribed Authority. A further prayer has been made for quashing the order dated 22.12.2017, passed by the Civil Judge (Junior Division) / Prescribed Authority, Lansdowne, District Pauri Garhwal, in Rent Case no. 08 of 2016, Smt. Premlata and others vs Km. Aditi and another, whereby the application of the respondents filed under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was allowed.

2) Heard learned counsel for the parties and perused the documents available on record.

3) After arguing the writ petition at some length, learned counsel for the tenants-petitioners, on the instructions received from his client, fairly submitted that the petitioners are ready to handover the vacant and peaceful possession of the premises in question to the landlord-respondents, but one and a half years' time be granted to the petitioners to do the same. Learned counsel for the landlord-respondents submits that he has no objection to the said proposal, but the tenants-petitioners be directed to enhance the rate of rent on the property in question.

4) Having heard learned counsel for the parties and after considering the nature of dispute between the parties, the tenant-petitioners are granted time upto 30.10.2020 to handover peaceful possession of the premises in question to the respondents-landlords subject to the petitioners giving an undertaking within fifteen days from today before the Prescribed Authority to the following effect:

(1) The petitioners shall file an undertaking before the trial court on or before 21.05.2019 that they shall vacate the premises in question on or before 30.10.2020 and handover vacant and peaceful possession of the premises in question to the landlord.

(2) The petitioners should undertake to pay remaining rent, if any, to the landlord within a period of three months from today subject to adjustment of any amount already paid.

(3) The petitioners 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. They shall pay the enhanced rent at the rate of Rs.2000/-per month to the landlord from 01.05.2019.

(4) The petitioners shall not induct any other person in the premises in question.

(5) In the event of default of any of the aforesaid conditions, the petitioners shall not be entitled to continue in the premises in question up to 30.10.2020 and the decree shall be executed forthwith.

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