Sharma Sheet and Component Private Limited vs Brij Bhushan Sharma

Prakash Krishna, J.—Heard Shri S.S. Shukla, learned Counsel for the applicant and Shri A.K. Mehrotra, learned Counsel for the plaintiff opposite party.

The present revision has been filed u/s 25 of the Provincial Small Cause Courts Act against the judgment and decree dated 13.9.2010 passed by the trial court in SCC Suit No. 18 of 2008 whereby the trial court has decreed the suit for ejectment, recovery for arrears of rent and damages.

The learned Counsel for the applicant very fairly at the very outset stated that the tenant applicant shall vacate the disputed accommodation within a period of six months and shall also discharge all the financial liability as per terms of the decree. Although initially an argument was raised that the trial court was not justified in awarding the damages @ 7000/- per month instead of 6,300/per month which was the agreed rate but the said argument was not pursued further when the attention of the learned Counsel was drawn towards the judgment of the Apex Court in the case of Atma Ram Properties (P) Ltd. Vs. Federal Motors Pvt. Ltd.,

No other point was pressed.

Shri A.K. Mehrotra, learned Counsel for the opposite party has also very fairly agreed that the landlord has no serious objection if the applicant undertakes to vacate the disputed premises within a period of six months and also pays the entire damages etc. as awarded under the decree.

In view of above, I find no merit in the revision, the revision is hereby dismissed summarily. Time to vacate the disputed premises up to 31.5.2011 is granted to the applicant subject to fulfillment of the following conditions:

i) The applicant shall deposit the entire decretal amount at the decreed rate after adjusting the amount already deposited for the period up to March 2011 within a period of one month from today before the trial court. The said amount if so deposited shall be paid to the plaintiff opposite party. and

ii) The applicant shall file an undertaking on affidavit within a period of one month before the trial court stating that it will vacate the disputed accommodation on or before 31.5.2011 and shall handover the peaceful vacant possession without creating any 3rd party interest, to the plaintiff landlord.

If the applicant fails to comply with either of the conditions as stipulated above, the time granted by the court shall stand vacated.