S.K. Chaddha vs Ragho Ram Gupta

Attau Rahman Masoodi, J.—Heard learned counsel for the parties.

This S.C.C. revision filed under Section 25 of Provincial Small Causes Court Act has questioned the legality of judgment/decree rendered by the court of Judge, Small Causes in S.C.C. Suit No. 5 of 2010 on 30.11.2016 whereby the revisionist has been ordered to be evicted from the premises in question within a period of two months coupled with the award of damages at the rate of Rs. 3000/- from the date of issue of notice terminating the tenancy on 1.1.2010.

After arguing the matter at some length, learned counsel for the revisionist prays that he is ready to vacate the premises in question within a reasonable time and in that event the judgment/decree rendered by the court below may be suitably modified and the damages awarded by the court below may also be waived for the reason that he has deposited the agreed rent throughout.

From perusal of the impugned judgment rendered by the court below, it is evident that the damages have been awarded from the date of notice i.e. 1.1.2010. It is however not disputed that the agreed rent was duly deposited by the revisionist throughout.

In these circumstances and subject to undertaking of the revisionist that he shall vacate the premises in question within a period of one month from today, the damages awarded by the court below at the rate of Rs. 3000/- monthly in addition to the normal rent shall be payable from the date of judgment i.e. 30.11.2016. The arrears of damages at the rate of Rs. 3000/- per month inclusive of rent uptodate shall be deposited by the revisionist before the court below on or before 3rd June, 2017, failing which, it shall be open to the respondent to seek execution of the judgment/decree in accordance with law.

On vacation of the premises in terms of the order passed by this Court and compliance thereof by making necessary payment as ordered, all other proceedings in relation to the property in question between the parties shall stand terminated. In the event of failure to comply with the decree of eviction or payment of damages as modified above, the decree of the court below shall be put to execution with an additional liability of damages at the rate of Rs. 500/- per day.

With the aforesaid direction/observation, the revision is finally disposed of.